Sections 248, 249 and 250 CrPC: Acquittal or Conviction, Absence of Complainant and Compensation
Sections 248, 249 and 250 of the Code of Criminal Procedure, 1973 formed Part C, "Conclusion of trial", in the Chapter dealing with trial of warrant-cases by Magistrates. They governed the Magistrate's decision after trial, the consequence of absence of a complainant in specified complaint cases, and compensation where an accusation was made without reasonable cause.
- Section 248 CrPC: acquittal or conviction at the conclusion of a warrant-case trial before a Magistrate.
- Section 249 CrPC: discretionary discharge before charge in specified complaint cases when the complainant is absent.
- Section 250 CrPC: compensation to an accused where the Magistrate finds that an accusation lacked reasonable ground.
Section 248 CrPC - Acquittal or Conviction
Section 248 applied to the conclusion of a warrant-case trial before a Magistrate after a charge had been framed. In simple terms, an acquittal is an order finding the accused not guilty, while a conviction is a finding that the accused is guilty of the offence proved in accordance with law.
Sub-section (1): If the Magistrate finds the accused not guilty in a case under the Chapter in which a charge has been framed, the Magistrate must record an order of acquittal.
Sub-section (2): If the Magistrate finds the accused guilty and does not proceed under Section 325 or Section 360 CrPC, the accused must be heard on the question of sentence before sentence is passed according to law.
Sub-section (3): Where a previous conviction is charged under Section 211(7) CrPC and is not admitted by the accused, evidence concerning that previous conviction may be taken only after the accused has been convicted in the current case. The proviso protects the accused from premature disclosure of the alleged previous conviction before the finding of guilt.
Meaning of the connected provisions
Section 325 CrPC dealt with the procedure where a Magistrate considered that the accused deserved a punishment more severe than the Magistrate was empowered to impose, or in certain other specified situations requiring submission to the Chief Judicial Magistrate. Section 360 CrPC dealt with release on probation of good conduct or after admonition in cases to which that provision applied. Section 211(7) CrPC concerned the manner of charging a previous conviction where such previous conviction affected the punishment that could be imposed.
Section 249 CrPC - Absence of Complainant
Section 249 dealt with proceedings instituted upon a complaint. If the complainant was absent on a date fixed for hearing, and the offence was lawfully compoundable or was non-cognizable, the Magistrate had discretion to discharge the accused at any time before the charge was framed.
A complaint, under Section 2(d) CrPC, broadly meant an allegation made orally or in writing to a Magistrate, with a view to the Magistrate taking action under the Code, that some person had committed an offence, but it did not include a police report, subject to the statutory explanation. A cognizable offence, under Section 2(c) CrPC, was an offence for which a police officer could arrest without warrant in accordance with the First Schedule or any other law then in force. A compoundable offence is an offence that the law permits to be compromised in the manner and subject to the conditions prescribed by Section 320 CrPC.
The power under Section 249 was discretionary rather than automatic. It operated before framing of charge and only where the statutory conditions were satisfied.
Section 250 CrPC - Compensation for Accusation Without Reasonable Cause
Section 250 provided a statutory remedy where a person accused before a Magistrate was discharged or acquitted and the Magistrate formed the opinion that there was no reasonable ground for making the accusation. It applied to qualifying accusations originating from a complaint or information given to a police officer or Magistrate.
Show-cause requirement: The complainant or informant had to be given an opportunity to show cause why compensation should not be paid. If that person was absent, a summons could be issued.
Reasoned order: The Magistrate was required to record and consider the cause shown and, if satisfied that there was no reasonable ground for the accusation, could order compensation for reasons recorded.
Limit on compensation: The compensation could not exceed the amount of fine that the Magistrate was empowered to impose.
Default: The provision permitted simple imprisonment for a period not exceeding thirty days in default of payment, subject to the statutory framework then applicable.
Other liability: An order to pay compensation did not by itself exempt the complainant or informant from other civil or criminal liability. Compensation paid under the section was to be taken into account in a later civil suit relating to the same matter.
Appeal and payment: The section contained a specific appellate safeguard in the circumstances stated in sub-section (6), and postponed payment of compensation until the appeal period expired or an appeal was decided. The provision applied to summons-cases as well as warrant-cases.
CrPC and BNSS Corresponding Provisions
| CrPC, 1973 | Subject | Corresponding BNSS, 2023 | Important point |
|---|---|---|---|
| Section 248 | Acquittal or conviction | Section 271 | The core structure is substantially carried forward with updated cross-references. |
| Section 249 | Absence of complainant | Section 272 | BNSS expressly provides thirty days' time to the complainant to be present before the Magistrate may exercise the power. |
| Section 250 | Compensation for accusation without reasonable cause | Section 273 | The remedy is carried forward with updated statutory references and modifications under the new Code. |
Practical Legal Effect
For proceedings governed by the CrPC because of the BNSS savings clause, Sections 248 to 250 should be read with the other provisions of the CrPC as they stood immediately before the commencement of the BNSS. For proceedings governed by the new procedural law, the corresponding BNSS provisions should be consulted instead.
Note: This page is a general legal information resource. The applicable procedural provision can depend on the date and stage of the particular investigation, inquiry, trial, application or appeal.