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Code of Criminal Procedure, 1973

Section 248

Acquittal or conviction

Quick Answer Reference: Section 248 CrPC

  • Provision: Section 248 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 248 of CrPC say?

If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. Where, in any case under this Chapter, a previous conviction is charged under the provisions of Sub-Section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon; Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Sub-Section (2).

Indian StandardSection 248, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 248 (India)
Court Pleading StandardSection 248 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/248

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 248 CrPC

What is Section 248 of CrPC?

Section 248 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Acquittal or conviction". The section states: If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. Where, in any case under...

What is the punishment under Section 248 of CrPC?

Section 248 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 248 of CrPC bailable or non-bailable?

Whether Section 248 of CrPC is bailable or non-bailable depends on the schedule classification.

What replaced Section 248 of IPC in BNS?

Section 248 of the Indian Penal Code (IPC) was replaced by Section 271 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.

Law Transition Mapping
Replaced by New Law
This SectionSection 248Code of Criminal Procedure (CrPC)
New LawSection 271Bharatiya Nagarik Suraksha Sanhita (BNSS)

✓ No material change in the provision.

View New Law Equivalent →Compare Side-by-Side →
Landmark Case Laws

Landmark Judgments under Section 248 CrPC

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)