Section 271 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Acquittal Or Conviction.

Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 271

Code: BNSS Section 271

Explanation: This section deals with the procedures to be followed by a Magistrate after hearing a case under Chapter 27 of the BNSS, which pertains to offences against public tranquility. It outlines the steps for recording acquittals, passing sentences, and handling cases involving previous convictions.

1. Sub-section (1): Acquittal

If the Magistrate finds the accused not guilty in a case under Chapter 27, they must record an order of acquittal. This signifies that the accused is released from the charges.

2. Sub-section (2): Sentence

If the Magistrate finds the accused guilty but doesn’t proceed according to Sections 364 or 401 (which may involve specific sentencing provisions), they must hear the accused on the question of sentence and then pass sentence according to law. This involves determining the appropriate punishment for the convicted crime.

3. Sub-section (3): Previous Conviction

In cases where a previous conviction is alleged against the accused, and they deny it, the Magistrate can take evidence regarding the alleged previous conviction after convicting the accused. A finding is then recorded on this matter.

This sub-section also imposes restrictions on the process: The charge of previous conviction cannot be read out to the accused, they cannot be asked to plead to it, and the previous conviction cannot be mentioned by the prosecution or in evidence before the accused is convicted under sub-section (2). This ensures that the accused is first found guilty of the current charge before any previous convictions are considered.

Illustration

Suppose a person is accused of rioting (an offence under Chapter 27) and is found guilty by the Magistrate. The Magistrate then hears the accused regarding the sentence. Based on the gravity of the offence, the Magistrate may decide to impose a fine, imprisonment, or a combination of both, as prescribed by law.

Common Questions and Answers

• Q: What happens if the Magistrate finds the accused not guilty of the charge?
• A: The Magistrate will record an order of acquittal, meaning the accused is released from the charges.
• Q: What is the purpose of sub-section (3) regarding previous convictions?
• A: This section ensures that the accused is first convicted of the current charge before any past convictions are considered, preventing prejudice and ensuring fairness.
• Q: What are Sections 364 and 401 referred to in sub-section (2)?
• A: These sections likely deal with specific sentencing provisions or procedures under the BNSS, which are not explained in this particular section. To understand their exact content, you would need to refer to those sections within the BNSS.