CrPC 248→BNSS 271

CrPC 248 to BNSS 271: Acquittal or conviction

Section 248 CrPC (1973) replaced by Section 271 BNSS (2023)

View CrPC Section 248 →View BNSS Section 271 →

CrPC 248 to BNSS 271 at a Glance

Section 248 CrPC (Acquittal or conviction) is now Section 271 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 248 to BNSS 271?

From 1 July 2024, Section 248 of the Code of Criminal Procedure, 1973 is found in Section 271 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Acquittal or conviction. Section 271(2) BNSS refers to Section 364 BNSS and Section 401 BNSS where Section 248(2) CrPC referred to Section 325 CrPC and Section 360 CrPC. Section 271(3) BNSS refers to Section 234(7) BNSS where Section 248(3) CrPC referred to Section 211(7) CrPC. The rest of the text is the same.

CrPC 248 vs BNSS 271: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section248271
HeadingAcquittal or convictionSame
Sub-sections3 sub-sectionsSame
Cross-referencess.325, s.211s.364, s.234

CrPC 248 and BNSS 271: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 248, CrPC 1973

248. 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 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).
BNSS 2023 (in force)

Section 271, BNSS 2023

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).

When It Applies: CrPC 248 vs BNSS 271

Under CrPC 248
  1. Section 248(1) CrPC applies in a case in which a charge has been framed and the Magistrate finds the accused not guilty. The Magistrate shall record an order of acquittal.
  2. Under Section 248(2) CrPC, where the Magistrate finds the accused guilty but does not proceed in accordance with Section 325 CrPC or Section 360 CrPC, the Magistrate shall, after hearing the accused on the question of sentence, pass sentence according to law.
  3. Under Section 248(3) CrPC, the Magistrate may, after convicting the accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon.
Under BNSS 271
  1. Section 271(1) BNSS applies in a case in which a charge has been framed and the Magistrate finds the accused not guilty. The Magistrate shall record an order of acquittal.
  2. Under Section 271(2) BNSS, where the Magistrate finds the accused guilty but does not proceed in accordance with Section 364 BNSS or Section 401 BNSS, the Magistrate shall, after hearing the accused on the question of sentence, pass sentence according to law.
  3. Under Section 271(3) BNSS, the Magistrate may, after convicting the accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon.

Time Limits: CrPC 248 to BNSS 271

Under CrPC 248
  • The charge of a previous conviction shall not be read out by the Magistrate, the accused shall not be asked to plead to it, and the previous conviction shall not be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Section 248(2) CrPC.Act text: “unless and until the accused has been convicted under sub-section (2)”
Under BNSS 271
  • The charge of a previous conviction shall not be read out by the Magistrate, the accused shall not be asked to plead to it, and the previous conviction shall not be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Section 271(2) BNSS.Act text: “unless and until the accused has been convicted under sub-section (2)”

What CrPC 248 to BNSS 271 Means in Practice

Section 271(2) BNSS speaks of Section 364 BNSS and Section 401 BNSS where Section 248(2) CrPC spoke of Section 325 CrPC and Section 360 CrPC, and Section 271(3) BNSS speaks of Section 234(7) BNSS where Section 248(3) CrPC spoke of Section 211(7) CrPC.

FAQs: CrPC 248 to BNSS 271

What is the difference between Section 248 CrPC and Section 271 BNSS?▼

Section 271 BNSS has the same heading and the same text as Section 248 CrPC, except for the renumbered cross-references to Section 364 BNSS, Section 401 BNSS and Section 234(7) BNSS in place of Section 325 CrPC, Section 360 CrPC and Section 211(7) CrPC.

Which sections does Section 271(2) BNSS refer to?▼

Section 364 BNSS, headed Procedure when Magistrate cannot pass sentence sufficiently severe, and Section 401 BNSS, headed Order to release on probation of good conduct or after admonition.

Is Section 271(1) BNSS different from Section 248(1) CrPC?▼

No. Section 271(1) BNSS has the same text as Section 248(1) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·