Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 278
Code: Section 278 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the Indian Penal Code, deals with the acquittal and sentencing of an accused person in summary trials.
Explanation:
This section outlines the procedure for a Magistrate to follow after considering evidence in a summary trial:
- Sub-section (1): Acquittal – If, after considering the evidence presented under Section 277 and any further evidence collected at the Magistrate’s discretion, the Magistrate finds the accused not guilty, they must record an order of acquittal.
- Sub-section (2): Sentence – If the Magistrate does not follow the procedures outlined in Sections 364 or 401 (which deal with specific procedures related to summary trials), and they find the accused guilty, they must pass a sentence according to law.
- Sub-section (3): Conviction Despite Initial Charges – This sub-section allows the Magistrate to convict the accused of any offence triable under this Chapter, even if the original complaint or summons did not specifically mention that offence. This is permissible as long as the evidence presented establishes the accused’s guilt for the offence, and the Magistrate is convinced the accused would not be prejudiced by the change in charges.
Illustration:
A person is brought before a Magistrate on a charge of theft. During the trial, evidence emerges suggesting the accused may have also committed assault. If the Magistrate finds the accused not guilty of theft but believes there is sufficient evidence to convict them of assault, they can convict the accused of assault under Section 278(3), even though the original charge was only theft.
Common Questions and Answers:
- Q: What is a summary trial?
- A: A summary trial is a simplified trial procedure for certain less serious offences, conducted by a Magistrate without a jury.
- Q: What is the purpose of Section 278?
- A: This section ensures fair and just outcomes in summary trials by outlining clear procedures for acquittal, sentencing, and conviction for offences that may arise from the evidence, even if not initially charged.
