Section 255 CrPC - Acquittal or Conviction in Summons Cases
Section 255 of the Code of Criminal Procedure, 1973 governs the final decision in a summons-case tried by a Magistrate. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 278 BNSS.
Text of Section 255 CrPC - Acquittal or conviction
(1) If the Magistrate, upon taking the evidence referred to in section 254 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 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, 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.
Meaning and explanation of Section 255 CrPC
Section 255(1): Acquittal where guilt is not established
After considering evidence taken under Section 254 CrPC and any additional evidence the Magistrate calls for on the court's own initiative, the Magistrate must record an acquittal if the accused is found not guilty. The prosecution must establish guilt beyond reasonable doubt; an accused does not have to prove innocence.
Section 255(2): Conviction and sentence
Where guilt is established, the Magistrate ordinarily imposes a sentence authorised by law. Section 325 CrPC concerns reference to a Magistrate empowered to impose a sufficiently severe sentence; Section 360 concerns release on probation of good conduct or after admonition. Other applicable sentencing and probation laws must also be considered.
Section 255(3): Conviction for an offence different from the complaint
The Magistrate may convict for another offence triable under the summons-case chapter if the admitted or proved facts support it and the accused would suffer no prejudice. This power does not dispense with fair notice, an adequate opportunity to defend, or proof of the elements of the offence.
Section 278 BNSS - Corresponding provision from 1 July 2024
Section 278 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the three-part framework of Section 255 CrPC. The principal changes in its cross-references are:
- Section 277 BNSS replaces the reference to Section 254 CrPC for taking evidence when the accused is not convicted on a guilty plea.
- Sections 364 and 401 BNSS correspond to the references to Sections 325 and 360 CrPC concerning sentencing powers and probation or admonition.
- Sections 275 and 278 BNSS replace the references to Sections 252 and 255 CrPC concerning conviction on a plea of guilty and the final order.
Under Section 278(1) BNSS, the Magistrate must acquit where the accused is found not guilty after considering the relevant evidence. Under subsection (2), a guilty finding ordinarily leads to lawful sentencing, subject to the stated exceptions. Subsection (3) retains the protection against prejudice when convicting for another offence triable under the chapter.
How a summons-case reaches acquittal or conviction
- Accusation explained: The particulars of the offence are stated to the accused under Section 251 CrPC or Section 274 BNSS.
- Guilty plea: A voluntary guilty plea may lead to conviction under Section 252 CrPC or Section 275 BNSS; special provisions exist for petty cases.
- Evidence: Where there is no conviction on a guilty plea, prosecution and defence evidence is heard under Section 254 CrPC or Section 277 BNSS.
- Decision: The Magistrate considers the evidence and records an acquittal or conviction in accordance with Section 255 CrPC or Section 278 BNSS.
- Sentence or other lawful order: On conviction, the court determines the lawful consequence, subject to applicable sentencing and probation provisions.
Important legal distinctions
Acquittal is a judicial finding that the accused is not guilty of the offence tried. Conviction is a finding of guilt, which may be followed by a sentence or another disposition permitted by law. Discharge is procedurally distinct from acquittal and does not automatically have the same legal consequences.
Under subsection (3), a variation between the offence described in the summons and the offence proved does not automatically invalidate conviction; the decisive statutory safeguard is absence of prejudice to the accused.
Frequently asked questions
Is Section 255 CrPC still applicable after 1 July 2024?
Section 278 BNSS is the corresponding provision under the new law. Section 531 BNSS preserves the application of the earlier Code to specified pending matters, so the date and procedural status of the case matter.
Can a Magistrate acquit the accused after hearing evidence?
Yes. Section 255(1) CrPC and Section 278(1) BNSS require an order of acquittal where the Magistrate finds the accused not guilty.
Can a person be convicted of an offence not mentioned in the summons?
In appropriate circumstances, yes, but only for an offence triable under the relevant chapter, supported by admitted or proved facts, and where the accused is not prejudiced.
Official legal references
For the authoritative text and commencement details, consult India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bureau of Police Research and Development - New Criminal Laws. These official resources provide access to the enacted legislation and related materials.
Updated: 18 October 2026. This article is general legal information. The statutory text, applicable amendments and procedural history should be checked for individual cases.