Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 278
Code:
(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:
This section outlines the procedure for a Magistrate to follow after considering evidence in a summary trial:
(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.
(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.
(3) Conviction Despite Initial Charges – This sub-section allows the Magistrate to convict the accused of any offence triable under this Chapter. If the original complaint or summons did not specifically mention that offence. The prosecution must present evidence that establishes the accused’s guilt for the offense. The Magistrate must ensure that the change in charges does not prejudice the accused.
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.
