Section 255 of BNSS, 2023 — Acquittal

Introduction

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the acquittal of the accused in a trial before the Court of Session.

After the prosecution evidence has been recorded, if the Court finds that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Meaning of Section 255

Section 255 provides that after the prosecution evidence has been recorded, the accused has been examined, and the prosecution and defence have been heard, if the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

The provision therefore allows the Court to bring the trial to an end without requiring the accused to enter upon their defence where the prosecution has failed to produce evidence connecting the accused with the offence.

Object and Purpose

The main objectives of Section 255 are:

• To prevent an accused from being unnecessarily required to present a defence when there is no evidence against them.
• To ensure that a prosecution case unsupported by evidence does not proceed further.
• To protect the accused from an unwarranted continuation of criminal proceedings.
• To promote judicial efficiency.
• To ensure that conviction is based upon legally sufficient evidence.

When Can the Court Acquit?

The Court may record an acquittal when, after considering the prosecution evidence and hearing the parties, it finds that there is no evidence that the accused committed the offence.

The important requirement is the absence of evidence connecting the accused with the offence.

In simple terms:

No evidence connecting accused with offence → Acquittal

Stage of Acquittal

Section 255 operates after:

1. The prosecution has presented its evidence.
2. The accused has been examined.
3. The prosecution and defence have been heard.

If at this stage there is no evidence that the accused committed the offence, the Judge records an order of acquittal.

Example

Suppose A is charged with an offence before the Court of Session.

The prosecution examines all its witnesses and produces its evidence.

After considering the material, the Court finds that there is no evidence connecting A with the alleged offence.

The Judge may therefore record an order of acquittal under Section 255 instead of requiring A to present a defence.

Acquittal and Discharge — Difference

Section 250 deals with discharge, while Section 255 deals with acquittal.

Section 250 — Discharge

• Takes place before the trial proceeds fully.
• The Court finds that there is not sufficient ground for proceeding against the accused.
• The accused is discharged before the case reaches the later stages of trial.

Section 255 — Acquittal

• Takes place after the prosecution evidence has been recorded and the relevant parties have been heard.
• The Court finds that there is no evidence that the accused committed the offence.
• The accused is acquitted.

Therefore:

Section 250 → Insufficient ground to proceed → Discharge

Section 255 → No evidence connecting accused with offence → Acquittal

Relationship with Section 254

Section 254 — Evidence for Prosecution

The prosecution presents and records its evidence before the Court.

Section 255 — Acquittal

After the prosecution evidence and the subsequent procedural steps, if there is no evidence that the accused committed the offence, the Court records an acquittal.

Thus:

Section 254 → Prosecution evidence

Section 255 → Acquittal where there is no evidence against accused

Importance of Section 255

Section 255 acts as an important safeguard against unnecessary continuation of criminal proceedings.

A criminal trial should not continue merely because a charge has been framed. The prosecution must produce evidence connecting the accused with the alleged offence.

Where no such evidence exists, Section 255 enables the Court to terminate the proceedings by acquitting the accused.

Protection of the Accused

The provision protects the accused from being forced to enter upon a defence when the prosecution has failed to produce evidence showing that the accused committed the offence.

It reflects the fundamental criminal-law principle that the prosecution must establish the case against the accused.

Acquittal Is Different from Conviction

Acquittal

The accused is found not guilty and the criminal charge does not result in a conviction.

Conviction

The Court finds the accused guilty after considering the evidence and applying the applicable legal standard.

Therefore:

No sufficient evidence of guilt → Acquittal

Guilt established according to law → Conviction

BNSS and CrPC

Section 255 of the BNSS corresponds to Section 232 of the Code of Criminal Procedure, 1973.

The basic principle remains that where, after considering the prosecution evidence and other relevant proceedings, the Judge finds that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Common Confusions

Is Section 255 the same as discharge?

No.

Discharge occurs at an earlier stage, whereas Section 255 provides for acquittal after the prosecution evidence and other specified proceedings.

Does framing of charge guarantee that the trial will continue until judgment?

No.

If the prosecution fails to produce evidence connecting the accused with the offence, the Court can record an acquittal under Section 255.

Does the accused have to present a defence before being acquitted under Section 255?

No.

Where the statutory conditions are satisfied, the Court can acquit the accused without requiring the accused to enter upon their defence.

What is the key test under Section 255?

The key question is whether there is evidence that the accused committed the offence.

Topic at a Glance

• BNSS Section: 255
• Subject: Acquittal
• Applicable Court: Court of Session
• Stage: After prosecution evidence and examination of accused
• Main requirement: No evidence that accused committed the offence
• Result: Order of acquittal
• Related provision: Section 254
• Earlier stage: Section 250 — Discharge
• Corresponding CrPC provision: Section 232
• Nature: Safeguard against continuation of unsupported prosecution

Quick Revision

• Section 255 deals with acquittal in a Sessions trial.
• It applies after the prosecution evidence has been recorded and the relevant parties have been heard.
• If there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.
• The accused need not be required to enter upon a defence when the statutory conditions for acquittal are satisfied.
• Section 250 deals with discharge, while Section 255 deals with acquittal.
• Section 255 BNSS corresponds to Section 232 CrPC.

ALSO READ: bnss-section-255

Conclusion

Section 255 of the BNSS provides an important safeguard for an accused where the prosecution has failed to produce evidence connecting the accused with the offence. After considering the prosecution evidence and hearing the parties, the Sessions Judge shall acquit the accused where there is no evidence that the accused committed the offence.