Section 248 CrPC - Acquittal or Conviction
Section 248 of the Code of Criminal Procedure, 1973 governs the Magistrate's decision to acquit or convict an accused in a warrant case instituted otherwise than on a police report. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 271 BNSS.
Section 248 CrPC - statutory text
The provision appears in Chapter XIX, Part B (cases instituted otherwise than on police report), under the conclusion of trial.
(1) 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.
(2) 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.
(3) 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).
Section 271 BNSS - corresponding current provision
Section 271 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Acquittal or conviction and provides:
(1) 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.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 234 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).
Meaning and application of the provisions
1. Acquittal when the charge is not proved
Under Section 248(1) CrPC and Section 271(1) BNSS, when a charge has been framed and the Magistrate finds the accused not guilty, the court must record an order of acquittal. A finding of guilt requires proof beyond reasonable doubt; a failure to establish the charge leads to acquittal.
2. Conviction and the right to be heard on sentence
Where the accused is found guilty, the Magistrate ordinarily hears the accused on the question of sentence before imposing punishment, unless the court proceeds under the alternative statutory provisions identified in the section. This sentencing hearing is distinct from the determination of guilt.
3. Alleged previous conviction
Where a previous conviction is alleged in the charge and disputed by the accused, sub-section (3) permits evidence on that allegation after the present conviction. The proviso prevents premature disclosure or discussion of that previous conviction in the manner specified, protecting the fairness of the determination of the current charge.
Key statutory cross-references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Acquittal or conviction | Section 248 | Section 271 |
| Previous conviction in charge | Section 211(7) | Section 234(7) |
| Magistrate cannot impose sufficiently severe sentence | Section 325 | Section 364 |
| Release on probation or after admonition | Section 360 | Section 401 |
| Repeal and savings | Not applicable | Section 531 |
How this stage fits into a warrant-case trial
- Prosecution evidence: Evidence is presented in a case instituted otherwise than on a police report under Section 244 CrPC.
- Discharge or charge: The Magistrate considers discharge under Section 245 CrPC or frames a charge under Section 246 CrPC.
- Defence evidence: The accused may present evidence under Section 247 CrPC.
- Judgment: The Magistrate decides acquittal or conviction under Section 248 CrPC, or the applicable corresponding provision of the BNSS.
- Sentence: If convicted, the accused is heard on sentence in the circumstances specified by law.
Frequently asked questions
What does Section 248 CrPC provide?
It governs the Magistrate's order of acquittal or conviction, hearing on sentence, and determination of a disputed previous conviction in warrant cases instituted otherwise than on a police report.
What is the corresponding provision in the BNSS?
Section 271 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 248 CrPC. The principal procedural rules remain similar, with renumbered cross-references.
Must the accused be heard before sentencing?
Yes. Under Section 248(2) CrPC and Section 271(2) BNSS, where the Magistrate convicts and does not follow the specified alternative procedures, the accused must be heard on the question of sentence.
Can the prosecution refer to a disputed previous conviction before the finding of guilt?
No. The proviso to sub-section (3) prevents the previous conviction from being raised in the specified manner until conviction under sub-section (2).
Does Section 248 CrPC still apply after 1 July 2024?
The BNSS generally governs new proceedings from its commencement on 1 July 2024. Section 531 BNSS contains savings for specified proceedings pending immediately before commencement; the applicable regime depends on those transitional provisions.
Official legislation and references
Read the applicable enactment and amendments from the India Code official legislation portal, the e-Gazette of India, and the Bureau of Police Research and Development BNSS reference PDF. Confirm the applicable commencement, amendments and savings for the particular proceeding.
Note: This article is general legal information. The result in an individual case depends on its facts, evidence, procedural stage and applicable law.