Section 254 CrPC: Procedure When Not Convicted – Indian Code of Criminal Procedure
This section of the Code of Criminal Procedure (CrPC) deals with the process to be followed when an accused person is not convicted by the court in a criminal case.
1. Code
Section 254 CrPC
2. Explanation
When a person is acquitted or discharged by the court, the following procedures are to be followed:
- Order of acquittal or discharge: The court must pronounce its order of acquittal or discharge.
- Release of the accused: The accused person is to be released from custody if they are in custody.
- Return of property: Any property seized from the accused during the investigation is to be returned to them.
- Compensation to the accused: The court can order compensation to the accused if they were wrongfully arrested or detained.
- Costs of prosecution: The court may order the prosecution to pay the accused’s costs of defending the case.
- Record of proceedings: The court must maintain a record of the proceedings.
3. Illustration
Suppose a person is accused of theft but is acquitted by the court due to lack of evidence. In this case, the court will pronounce an order of acquittal, release the accused from custody (if they were in custody), and return any property seized during the investigation. The court may also order compensation to the accused if they were wrongfully arrested or detained.
4. Common Question and Answers
- Q: What is the difference between acquittal and discharge?
A: Acquittal means that the accused is found not guilty after a trial. Discharge means that the accused is released from the case before the trial begins, usually because there is insufficient evidence to proceed. - Q: Can the accused claim compensation even if they were not wrongfully arrested or detained?
A: No, compensation can only be claimed if the accused was wrongfully arrested or detained. - Q: What happens if the prosecution refuses to pay the accused’s costs?
A: The accused can file an appeal to a higher court to enforce the order for payment of costs.
