Code: Section 271 BNSS
271.
(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).
Explanation of Section 271 BNSS
Section 271 of the Bharatiya Nyaya Sanhita (BNSS) outlines the procedure to be followed by a Magistrate in cases where a charge has been framed, detailing the process for acquittal, conviction, and the handling of previous convictions.
Key Provisions:
- Acquittal (Sub-section 1):
If the Magistrate finds the accused not guilty in a case where a charge has been framed, the Magistrate shall record an order of acquittal. - Conviction and Sentencing (Sub-section 2):
If the Magistrate finds the accused guilty, but does not proceed under sections 364 or 401, the Magistrate must hear the accused on the question of sentencing and then pass a sentence according to the law. - Previous Conviction (Sub-section 3):
If a previous conviction is alleged, and the accused denies it, the Magistrate can only take evidence of the previous conviction after convicting the accused in the current case. The previous conviction will not be referred to or used unless the accused has been convicted under sub-section (2).
Illustration
Example 1: Acquittal Procedure
In a case where the accused was charged, the Magistrate, after reviewing the evidence, finds that the accused is not guilty. The Magistrate records an order of acquittal and discharges the accused.
Example 2: Conviction and Sentence
The accused in a case has been found guilty by the Magistrate. After hearing the accused on the sentence, the Magistrate proceeds to impose the appropriate legal punishment.
Common Questions and Answers on Section 271 BNSS
1. What happens if the Magistrate finds the accused not guilty after a charge has been framed?
- Answer: If the Magistrate finds the accused not guilty, an order of acquittal is recorded.
2. How does the Magistrate handle previous convictions?
- Answer: If a previous conviction is alleged and the accused denies it, the Magistrate may only take evidence on the previous conviction after the accused is convicted in the current case.
3. What does the Magistrate do after convicting the accused?
- Answer: After convicting the accused, the Magistrate will hear the accused on the question of sentence and pass the appropriate sentence as per the law.
Conclusion
Section 271 BNSS sets out the clear procedures for acquittal, conviction, and sentencing in cases where charges have been framed. It also outlines the handling of previous convictions, ensuring that such matters are not considered prematurely in the trial process.
