Chapter XX
Section 255 CrPC: Acquittal or conviction
New Law Update (2024)
Section 249 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If the Magistrate, upon taking the evidence referred to in section 254 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 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, 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.
Important Sub-Sections Explained
Section 255(1)
This sub-section empowers a Magistrate to acquit an accused in a summons case if, after considering all evidence presented, they conclude that the accused is not guilty of the alleged offence.
Section 255(3)
This crucial sub-section permits a Magistrate to convict an accused for an offence other than the one originally specified, provided the facts admitted or proved establish the commission of such an offence and the accused is not prejudiced by this change.
Landmark Judgements
Hari Singh v. State of Haryana, AIR 1993 SC 2501:
The Supreme Court clarified that a conviction for an offence other than the one originally complained of is permissible under Section 255(3) CrPC, provided the facts proved establish such an offence and the accused is not prejudiced by the alteration.
Bhausaheb v. The State of Maharashtra, 2007 (3) Mh.L.J. 546 (Bombay High Court):
The Bombay High Court reiterated that Section 255(3) grants Magistrates the power to convict an accused for any offence triable under Chapter XX, even if not specified in the original complaint, as long as the proved facts support it and no prejudice is caused to the accused.