Section 278 BNSS: Acquittal or Conviction
Section 278 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the decision of the Magistrate after evidence has been taken in a summons-case under Section 277 BNSS. It provides for acquittal where the accused is found not guilty, conviction and sentence according to law where guilt is established, and a limited power to convict for another offence triable under the same Chapter where no prejudice is caused to the accused.
Text of Section 278 BNSS
278. Acquittal or conviction.
(1) If the Magistrate, upon taking the evidence referred to in section 277 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 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 275 or section 278, 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.
Meaning of Section 278 BNSS
Section 278 is the adjudicatory stage of a summons-case after the prosecution and defence have had the opportunity to produce evidence under Section 277. The Magistrate evaluates the evidence and decides whether the accused should be acquitted or convicted.
Acquittal When the Accused Is Found Not Guilty
Under sub-section (1), if the Magistrate finds the accused not guilty after considering the evidence under Section 277 and any further evidence that the Magistrate has caused to be produced on his or her own motion, the Magistrate must record an order of acquittal.
The word "shall" makes the recording of an acquittal mandatory once the Magistrate reaches the finding that the accused is not guilty.
Conviction and Sentence According to Law
Under sub-section (2), where the Magistrate finds the accused guilty and does not proceed under Section 364 or Section 401 BNSS, the Magistrate must pass sentence according to law.
Those cross-references are important because Section 278 expressly makes the ordinary sentencing consequence subject to the special procedures contemplated by Sections 364 and 401.
Conviction for Another Offence Triable Under the Chapter
Sub-section (3) permits a Magistrate acting under Section 275 or Section 278 to convict an accused of an offence triable under the Chapter if the facts admitted or proved show that the accused appears to have committed that offence.
The nature of the original complaint or summons is not by itself decisive. However, the Magistrate must be satisfied that convicting the accused for that offence would not prejudice the accused. The absence of prejudice is therefore an express statutory safeguard.
Section 278 at a Glance
| Issue | Rule under Section 278 BNSS |
|---|---|
| Evidence considered | Evidence under Section 277 and any further evidence caused to be produced by the Magistrate on his or her own motion. |
| Finding of not guilty | The Magistrate shall record an order of acquittal. |
| Finding of guilty | Subject to Sections 364 and 401, the Magistrate shall pass sentence according to law. |
| Different offence | The Magistrate may convict for another offence triable under the Chapter if the admitted or proved facts establish it. |
| Safeguard | The Magistrate must be satisfied that the accused would not be prejudiced by such conviction. |
Practical Legal Point
Section 278 links the evidence stage to the final result in a summons-case. A finding of not guilty must result in acquittal, while a finding of guilt ordinarily leads to sentence according to law. Any conviction for an offence different from the description in the complaint or summons must remain within the class of offences triable under the Chapter and must not prejudice the accused.
Relationship with Sections 275 and 277 BNSS
Section 275 BNSS permits conviction on a plea of guilty. Where the accused is not convicted on such plea, Section 277 BNSS governs the taking of prosecution and defence evidence. Section 278 then governs the Magistrate's decision after that evidence.
Official Resources
The Bharatiya Nagarik Suraksha Sanhita, 2023 forms part of the new criminal-law framework brought into force from 1 July 2024. The Ministry of Home Affairs provides the official text of the BNSS through its New Criminal Laws resource.