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BNSS Section 278: Acquittal or conviction

Section 278 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with acquittal or conviction. It replaces CrPC 255 of the Code of Criminal Procedure, 1973.

Text of BNSS Section 278

278. (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.

Non-appearance or death of complainant.

CrPC sections replaced

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