Code: Section 278 BNSS
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.
Explanation of Section 278 BNSS
Section 278 of the Bharatiya Nyaya Sanhita (BNSS) addresses the actions a Magistrate must take after evaluating the evidence in a case. It provides clear steps for the Magistrate to follow based on the findings after considering the evidence:
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Acquittal: If the Magistrate, after reviewing the evidence presented (as mentioned in Section 277) and any further evidence that may be added, concludes that the accused is not guilty, an order of acquittal must be recorded.
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Conviction and Sentencing: If the Magistrate finds the accused guilty, and the case does not fall under the exceptional procedures of Section 364 or Section 401, the Magistrate will pass a sentence according to the law.
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Conviction for Other Offenses: If the facts of the case suggest that the accused committed an offense other than the one initially charged, the Magistrate has the discretion to convict the accused for that offense, provided the accused would not be prejudiced by such a conviction.
Illustration
Example 1: Acquittal of the Accused
In a case where a person is accused of theft, the Magistrate reviews all the evidence presented, including the testimony of witnesses and the physical evidence. Upon finding insufficient evidence to support the charges, the Magistrate records an order of acquittal.
Example 2: Conviction for the Offense
If the same person accused of theft is found guilty based on the evidence provided, the Magistrate will convict the accused and pass a sentence in accordance with the law.
Example 3: Conviction for a Different Offense
In a case where the accused was charged with theft, but the evidence suggests that the accused may be guilty of a lesser offense such as mischief, the Magistrate may convict the accused of mischief if the accused would not be prejudiced by this change in charge.
Common Questions and Answers on Section 278 BNSS
1. What happens if the Magistrate finds the accused not guilty?
- Answer: The Magistrate will record an order of acquittal.
2. Can the Magistrate convict the accused for an offense different from the one originally charged?
- Answer: Yes, if the Magistrate is satisfied that the accused would not be prejudiced by such a conviction, they may convict the accused of a different offense based on the facts presented.
3. Does the Magistrate always pass a sentence when finding the accused guilty?
- Answer: Yes, if the Magistrate finds the accused guilty and the case does not fall under exceptional provisions, the Magistrate will pass a sentence according to the law.
Conclusion
Section 278 BNSS ensures that the judicial process is fair by requiring the Magistrate to either acquit or convict based on the evidence presented in the case. It provides flexibility in cases where the accused may be convicted of an offense different from the one initially charged, as long as the accused is not prejudice.
