Section 248 CrPC: Acquittal or conviction

Chapter XIX

acquittal, conviction, magistrate trial, previous conviction, right to be heard on sentence, sentence

New Law Update (2024)

Section 288 BNSS

TRIAL COURT

Magistrate

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of Sub-Section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Sub-Section (2).

Important Sub-Sections Explained

Sub-Section (2)

This sub-section mandates that if an accused is found guilty, the Magistrate must provide an opportunity to the accused to be heard on the question of sentence before passing it, ensuring a fair and just sentencing process.

Sub-Section (3)

This sub-section outlines the specific procedure for dealing with charges of previous conviction, ensuring that such information is not introduced or referred to until the accused has already been convicted for the current offence, thus preventing prejudice during the trial.

Landmark Judgements

Santa Singh v. State of Punjab (1976):

This landmark judgment clarifies the procedure for dealing with previous convictions under Section 248(3) and emphasizes the mandatory requirement of hearing the accused on the question of sentence under Section 248(2).

S. Bhagwan Singh v. State of Punjab (1993):

This case reiterated the fundamental importance of affording an opportunity to the accused to be heard on the question of sentence before passing a sentence, upholding the principles of natural justice enshrined in Section 248(2) of the CrPC.

Chapter XIX