CrPC 255→BNSS 278

CrPC 255 to BNSS 278: Acquittal or conviction

Section 255 CrPC (1973) replaced by Section 278 BNSS (2023)

View CrPC Section 255 →View BNSS Section 278 →

CrPC 255 to BNSS 278 at a Glance

Section 255 CrPC (Acquittal or conviction) is now Section 278 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 255 to BNSS 278?

Section 255 of the Code of Criminal Procedure, 1973 is found in Section 278 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 278(1) BNSS refers to Section 277 BNSS where Section 255(1) CrPC referred to Section 254 CrPC. Section 278(2) BNSS refers to Section 364 BNSS and Section 401 BNSS where Section 255(2) CrPC referred to Section 325 CrPC and Section 360 CrPC. Section 278(3) BNSS refers to Section 275 BNSS and Section 278 BNSS where Section 255(3) CrPC referred to Section 252 CrPC and Section 255 CrPC. The rest of the text is the same.

CrPC 255 vs BNSS 278: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section255278
HeadingAcquittal or convictionSame
Sub-sections3 sub-sectionsSame
Cross-referencess.254, s.325, s.252s.277, s.364, s.275

CrPC 255 and BNSS 278: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 255, CrPC 1973

255. Acquittal or conviction.—(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.
BNSS 2023 (in force)

Section 278, BNSS 2023

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.

When It Applies: CrPC 255 vs BNSS 278

Under CrPC 255
  1. Under Section 255(1) CrPC the Magistrate takes the evidence referred to in Section 254 CrPC and such further evidence, if any, as he may, of his own motion, cause to be produced.
  2. If the Magistrate finds the accused not guilty, he shall record an order of acquittal.
  3. Under Section 255(2) CrPC, where the Magistrate does not proceed in accordance with the provisions of Section 325 CrPC or Section 360 CrPC, he shall, if he finds the accused guilty, pass sentence upon him according to law.
  4. Under Section 255(3) CrPC a Magistrate may, under Section 252 CrPC or Section 255 CrPC, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed.
  5. The Magistrate may do so whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.
Under BNSS 278
  1. Under Section 278(1) BNSS the Magistrate takes the evidence referred to in Section 277 BNSS and such further evidence, if any, as he may, of his own motion, cause to be produced.
  2. If the Magistrate finds the accused not guilty, he shall record an order of acquittal.
  3. Under Section 278(2) BNSS, where the Magistrate does not proceed in accordance with the provisions of Section 364 BNSS or Section 401 BNSS, he shall, if he finds the accused guilty, pass sentence upon him according to law.
  4. Under Section 278(3) BNSS a Magistrate may, under Section 275 BNSS or Section 278 BNSS, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed.
  5. The Magistrate may do so whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

What CrPC 255 to BNSS 278 Means in Practice

Section 278 BNSS gives the Magistrate the same words as Section 255 CrPC on acquittal, sentence and conviction of any offence triable under the Chapter. Only the section numbers in the cross-references differ.

FAQs: CrPC 255 to BNSS 278

Which BNSS section is Section 255 CrPC from 1 July 2024?▼

Section 278 BNSS, under the same heading.

Which cross-references differ between Section 255 CrPC and Section 278 BNSS?▼

Section 278(1) BNSS refers to Section 277 BNSS where Section 255(1) CrPC referred to Section 254 CrPC. Section 278(2) BNSS refers to Section 364 BNSS and Section 401 BNSS where Section 255(2) CrPC referred to Section 325 CrPC and Section 360 CrPC. Section 278(3) BNSS refers to Section 275 BNSS and Section 278 BNSS where Section 255(3) CrPC referred to Section 252 CrPC and Section 255 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: 20 Oct 2026 ·