(1) If the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.
Bharatiya Nagarik Suraksha Sanhita
Section 278
Acquittal or conviction
Englishहिंदी
⚡ Quick Answer Reference: Section 278 BNSS
- Provision: Section 278 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: This section explains how a Magistrate decides the case of an accused person. If the Magistrate finds the accused not guilty, they record an order of acquittal. If the Magistrate finds the accused guilty, they pass a sentence according to the law. The Magistrate can also convict the accused of a lesser offence if they think it's fair.
Statutory Content
What does Section 278 of BNSS say?
Indian StandardSection 278, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 278 (India)
Court Pleading StandardSection 278 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/278
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 278 of BNSS mean?
Plain English Explanation
This section explains how a Magistrate decides the case of an accused person. If the Magistrate finds the accused not guilty, they record an order of acquittal. If the Magistrate finds the accused guilty, they pass a sentence according to the law. The Magistrate can also convict the accused of a lesser offence if they think it's fair.
Practical Interpretation
In real practice, this section means that the Magistrate has to carefully consider the evidence and make a decision based on the facts. If the accused is found guilty, the Magistrate has to pass a sentence that fits the crime. This section also gives the Magistrate some flexibility to convict the accused of a lesser offence if they think it's fair.
Core Legal Purpose
The core purpose of this section is to provide a clear process for the Magistrate to follow when deciding a case. It ensures that the Magistrate makes a fair decision based on the evidence and follows the law.
Key Legal Elements
- •The Magistrate must take evidence from section 277 and any additional evidence they think is necessary.
- •The Magistrate must find the accused not guilty or guilty based on the evidence.
- •The Magistrate must pass a sentence according to the law if the accused is found guilty.
- •The Magistrate can convict the accused of a lesser offence if they think it's fair.
Practical Example
Practical Example of Section 278 BNSS
Rajesh is accused of theft. The Magistrate takes evidence from section 277 and also calls additional witnesses to testify. After considering the evidence, the Magistrate finds Rajesh guilty of theft. However, the Magistrate thinks that Rajesh did not intend to cause any harm, so they convict him of a lesser offence of 'mischief'.
Common Questions (FAQ)
Frequently Asked Questions about Section 278 BNSS
Q: What is the punishment or consequence under Section 278 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment or consequence will depend on the specific offence and the sentence passed by the Magistrate.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the process of deciding a case in a Magistrate's court.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether the offence is bailable or cognizable. The classification of the offence will depend on the specific provisions of the BNSS or other relevant laws.
People Also Ask (PAA)
Common Questions about Section 278 BNSS
What is Section 278 of BNSS?
Section 278 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Acquittal or conviction". In plain terms: This section explains how a Magistrate decides the case of an accused person. If the Magistrate finds the accused not guilty, they record an order of acquittal. If the Magistrate finds the accused guilty, they pass a sentence according to the law. The Magistrate can also convict the accused of a lesser offence if they think it's fair.
What is the punishment under Section 278 of BNSS?
Section 278 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 278 of BNSS bailable or non-bailable?
Whether Section 278 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 278 of BNSS?
The essential elements of Section 278 of BNSS are: The Magistrate must take evidence from section 277 and any additional evidence they think is necessary.; The Magistrate must find the accused not guilty or guilty based on the evidence.; The Magistrate must pass a sentence according to the law if the accused is found guilty..
Landmark Case Laws
Landmark Judgments under Section 278 BNSS
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 278
Query this section with AI
Ask Nyaya AI About Section 278
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows