Introduction
Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the judgment of acquittal or conviction in a trial before the Court of Session.
- Introduction
- Meaning of Section 258
- Object and Purpose
- When Is the Judgment Delivered?
- Acquittal
- Conviction
- Judgment Must Be Based on Evidence
- Example
- Relationship with Section 257
- Importance of Section 258
- Difference Between Acquittal and Conviction
- Pronouncement of Judgment
- BNSS and CrPC
- Common Confusions
- Topic at a Glance
- Quick Revision
- Conclusion
After the prosecution and defence have presented their cases and the arguments have been heard, the Court proceeds to deliver its judgment.
Meaning of Section 258
Section 258 provides that after hearing the arguments and points of law, the Judge shall give a judgment in the case.
The judgment may result in:
- Acquittal of the accused; or
- Conviction of the accused.
The judgment must be pronounced in accordance with the requirements of law.
Object and Purpose
The main objectives of Section 258 are:
- To bring the Sessions trial to its final stage.
- To determine whether the accused is guilty or not guilty.
- To provide a reasoned judicial determination.
- To formally conclude the trial.
- To ensure that the decision is based upon the evidence and law applicable to the case.
When Is the Judgment Delivered?
Section 258 comes into operation after the completion of the relevant stages of the trial, including:
- Framing of charge.
- Prosecution evidence.
- Examination of the accused.
- Defence evidence, where any.
- Final arguments.
After these stages, the Judge delivers the judgment.
Acquittal
If the Court finds that the prosecution has failed to establish the guilt of the accused according to law, the accused is acquitted.
An acquittal means that the accused is not found guilty of the offence charged.
Effect
Prosecution fails to establish guilt → Acquittal
Conviction
If the Court finds that the prosecution has established the guilt of the accused according to law, the Court records a conviction.
Effect
Guilt established → Conviction
Where the accused is convicted, the proceedings relating to sentence follow according to the applicable provisions.
Judgment Must Be Based on Evidence
The Court must determine the case on the basis of the material and evidence properly placed before it.
The arguments of the parties assist the Court, but the final decision must be based on the evidence and applicable law.
The Court must independently assess:
- oral evidence;
- documentary evidence;
- material evidence;
- credibility of witnesses;
- applicable legal provisions; and
- the defence raised by the accused.
Example
Suppose A is tried before the Court of Session for a serious offence.
The prosecution presents its witnesses and documents. The accused presents the defence. Both sides make their final arguments.
After considering the entire material, the Judge concludes that the prosecution has proved all the essential ingredients of the offence beyond the required standard.
The Court therefore records a judgment of conviction.
If, on the other hand, the prosecution fails to establish the charge, the Court records a judgment of acquittal.
Relationship with Section 257
Section 257 — Arguments
The prosecution and defence make their final submissions after the evidence is completed.
Section 258 — Judgment
After hearing the arguments and points of law, the Judge delivers the judgment of acquittal or conviction.
Therefore:
Section 257 → Final arguments
Section 258 → Final judgment
Importance of Section 258
Section 258 represents the culmination of the Sessions trial.
It ensures that the Court reaches a final determination after considering:
- the charge;
- prosecution evidence;
- defence;
- arguments; and
- applicable law.
The provision therefore gives formal effect to the Court’s determination of the criminal case.
Difference Between Acquittal and Conviction
| Acquittal | Conviction |
|---|---|
| Accused is found not guilty | Accused is found guilty |
| Prosecution fails to establish guilt | Prosecution establishes guilt |
| Criminal charge results in acquittal | Criminal charge results in conviction |
| Accused is not sentenced for that offence | Sentencing follows according to law |
Pronouncement of Judgment
The judgment is the formal decision of the Court.
The Court is required to pronounce the judgment in accordance with the prescribed procedure. The judgment communicates the Court’s final determination to the parties.
BNSS and CrPC
Section 258 of the BNSS corresponds to Section 235 of the Code of Criminal Procedure, 1973.
The basic principle continues that, after the completion of the Sessions trial and hearing of arguments, the Judge gives a judgment of acquittal or conviction.
Common Confusions
Does conviction mean that sentence is immediately dealt with in the same provision?
The conviction determines guilt. The subsequent sentencing procedure is governed by the applicable provisions dealing with hearing on sentence and sentencing.
What happens if the accused is acquitted?
The accused is found not guilty of the offence charged, subject to the applicable law relating to any appeal or other legal remedy.
Is the judgment based only on prosecution evidence?
No.
The Court considers the prosecution evidence, defence, arguments and applicable law before reaching its decision.
Is an accused presumed guilty because a charge was framed?
No.
Framing of charge only allows the trial to proceed. Guilt must ultimately be established through the evidence considered by the Court.
Topic at a Glance
- BNSS Section: 258
- Subject: Judgment of acquittal or conviction
- Applicable Court: Court of Session
- Stage: After completion of evidence and arguments
- Possible outcomes: Acquittal or conviction
- Decision-maker: Judge
- Related provision: Section 257
- Corresponding CrPC provision: Section 235
- Nature: Final stage of Sessions trial
Quick Revision
- Section 258 deals with the judgment of acquittal or conviction.
- It follows the completion of evidence and final arguments.
- The Judge determines whether the accused is guilty or not guilty.
- Failure to establish guilt results in acquittal.
- Establishment of guilt results in conviction.
- The judgment must be based upon the evidence and applicable law.
- Section 257 deals with arguments.
- Section 258 BNSS corresponds to Section 235 CrPC.
ALSO READ: Section 257 – Arguments
Conclusion
Section 258 of the BNSS marks the culmination of the Sessions trial. After considering the evidence, defence, arguments and applicable law, the Judge delivers the final judgment. Where guilt is not established, the accused is acquitted; where guilt is established according to law, the accused is convicted.
