Section 232 CrPC - Acquittal: Meaning, Procedure and Section 255 BNSS

Section 232 CrPC - Acquittal (statutory text)

Under the Code of Criminal Procedure, 1973, this provision applies at a specific stage of a trial before a Court of Session. It follows the prosecution evidence stage under Section 231 CrPC and precedes the defence stage under Section 233 CrPC.

Section 255 BNSS, 2023 - Acquittal

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the substance of Section 232 CrPC. It provides that after the prosecution evidence, examination of the accused and hearing both sides, the Judge must record an order of acquittal if the Judge considers that there is no evidence that the accused committed the offence.

Accordingly, the legal test at this stage remains whether there is no evidence connecting the accused with the offence, rather than whether the prosecution has already established guilt beyond reasonable doubt following a full trial of both sides.

Read the enacted text from the India Code BNSS entry or the Bureau of Police Research and Development.

When can the Sessions Judge acquit under Section 232?

The statutory sequence contains four elements:

1. Prosecution evidence: The Judge has taken the evidence produced by the prosecution.
2. Examination of the accused: The accused has been examined in accordance with the applicable criminal procedure.
3. Hearing both sides: The prosecution and the defence have an opportunity to address whether there is evidence against the accused.
4. Judicial finding: If the Judge considers that there is no evidence that the accused committed the offence, an order of acquittal must be recorded.

The words "shall record an order of acquittal" make the result mandatory once the statutory condition is satisfied. However, an acquittal under this provision is not automatic merely because the defence disputes the reliability of prosecution witnesses.

What does "no evidence" mean?

At this stage, the question is whether the prosecution has produced evidence capable of connecting the accused with the charged offence. The Judge does not conduct a premature final assessment of every contested fact where evidence requiring consideration exists. If the statutory no-evidence condition is not met, the accused proceeds to the defence stage; this does not amount to a finding of guilt.

Procedure after prosecution evidence in a Sessions trial

The sequence under the earlier CrPC and corresponding BNSS provisions is broadly as follows:

1. The Court records the prosecution evidence (Section 231 CrPC; Section 254 BNSS).
2. The accused is examined as required by the applicable law, including the provision corresponding to Section 313 CrPC.
3. Both sides are heard on whether there is evidence that the accused committed the offence.
4. If there is no such evidence, the Judge records an acquittal (Section 232 CrPC; Section 255 BNSS).
5. If the accused is not acquitted at this stage, the defence may be called upon to adduce evidence (Section 233 CrPC; Section 256 BNSS), followed by arguments and judgment.

Illustration

Suppose the prosecution closes its evidence in a Sessions trial but none of the witnesses or documents connects the accused with the alleged offence. After examining the accused and hearing both sides, the Judge may conclude that there is no evidence of the accused having committed the offence. In that event, the statute requires an order of acquittal at this stage.

By contrast, where evidence does connect the accused to the alleged offence but its credibility is disputed, the case may need to proceed further before the Judge reaches a final conclusion.

Difference between discharge and acquittal

Discharge under Section 227 CrPC (Section 250 BNSS) occurs before the prosecution evidence stage of the Sessions trial, when the Judge finds insufficient ground for proceeding after considering the case record and hearing submissions.

Acquittal under Section 232 CrPC (Section 255 BNSS) comes after the prosecution has presented evidence and the statutory hearing and examination have taken place. It is a judicial determination at a later stage of trial, not merely a refusal to frame charges.

Acquittal at the close of prosecution evidence should also be distinguished from the final judgment under Section 235 CrPC, which follows the later stages of the trial where applicable.

Does Section 232 CrPC still apply after the BNSS?

The BNSS repealed the CrPC with effect from 1 July 2024. However, Section 531(2)(a) BNSS saves specified appeals, applications, trials, inquiries and investigations that were pending immediately before commencement, allowing them to continue under the earlier CrPC provisions. The applicable procedure in an individual case depends on its procedural history and the savings provision.

For the current corresponding text, refer to Section 255 BNSS. For a pending proceeding covered by the savings clause, Section 232 CrPC may remain relevant.

Frequently asked questions