Section 271 BNSS: Acquittal or Conviction
Section 271 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the conclusion of trial in the relevant warrant-case procedure. It requires the Magistrate to record an acquittal when the accused is found not guilty, and it regulates sentencing when the accused is found guilty. It also lays down a special procedure where a previous conviction has been included in the charge.
Meaning and scope of Section 271 BNSS
Section 271 deals with the final outcome of a case under the relevant Chapter after a charge has been framed and the trial has proceeded. The Magistrate must determine whether the accused is guilty or not guilty on the basis of the evidence and applicable law.
The section distinguishes between three situations: acquittal where the accused is found not guilty; conviction followed by hearing on sentence where the accused is found guilty and the special procedures under Sections 364 or 401 are not invoked; and proof of an alleged previous conviction after the present conviction has first been recorded.
Text of Section 271 BNSS
271. Acquittal or conviction.
(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 364 or section 401, 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 234 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).
Acquittal and conviction procedure under Section 271
1. Acquittal where accused is found not guilty
Under sub-section (1), if a charge has been framed but the Magistrate ultimately finds the accused not guilty, the Magistrate must record an order of acquittal. The use of "shall" makes recording the acquittal mandatory once the finding of not guilty is reached.
2. Conviction and hearing on sentence
Under sub-section (2), where the accused is found guilty and the Magistrate does not proceed under Section 364 or Section 401, the accused must be heard on the question of sentence before sentence is imposed according to law.
3. Sentencing is separate from the finding of guilt
The section requires the Magistrate to give the convicted person an opportunity to address the court on sentence. This stage follows the finding of guilt and permits consideration of matters relevant to the lawful sentence.
Important cross-references in Section 271
| Provision | Relevance to Section 271 |
|---|---|
| Section 234(7) BNSS | Deals with inclusion of a previous conviction in the charge where proof of that previous conviction may affect the punishment or order that the court is competent to make. |
| Section 364 BNSS | Applies where a Magistrate considers that the accused should receive a punishment different in kind from, or more severe than, the Magistrate is empowered to impose. The statutory procedure permits submission of the proceedings to the Chief Judicial Magistrate. |
| Section 401 BNSS | Deals with release on probation of good conduct or after admonition in cases satisfying the statutory conditions. |
Previous conviction under Section 271(3)
Sub-section (3) applies where a previous conviction has been included in the charge under Section 234(7), but the accused does not admit it. The Magistrate may take evidence regarding that alleged previous conviction only after convicting the accused in the present case, and must record a finding on the previous conviction.
The proviso creates an important safeguard. Until the accused has been convicted in the present case, the previous-conviction charge must not be read out, the accused must not be asked to plead to it, and the prosecution must not refer to the alleged previous conviction in its evidence.
Key points for practice
- If the Magistrate finds the accused not guilty after charge, an order of acquittal must be recorded.
- If the accused is found guilty and neither Section 364 nor Section 401 is applied, the accused must be heard on sentence before sentence is passed.
- Section 364 concerns cases where the Magistrate considers the punishment required to be beyond the Magistrate's sentencing power or otherwise within that special procedure.
- Section 401 concerns release on probation of good conduct or after admonition where its statutory conditions are satisfied.
- An alleged previous conviction under Section 234(7) is dealt with only after conviction in the present case if it is not admitted.
- The alleged previous conviction must not be disclosed to or used against the accused during the trial of the present charge before conviction.
- The Magistrate must record a finding on the alleged previous conviction after taking evidence on that issue.
Related BNSS provisions
Section 271 follows Section 270 BNSS - Evidence for defence. The succeeding provisions address related procedural situations, including Section 272 - Absence of complainant and Section 273 - Compensation for accusation without reasonable cause.
Official sources
For the authoritative statutory text and commencement information, refer to India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and Ministry of Home Affairs - BNSS commencement notification dated 23 February 2024.
This page is intended for general legal information. Criminal procedure and sentencing may depend on the facts, applicable substantive law, transitional provisions and judicial orders.