Section 255 BNSS: Acquittal

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 255 BNSS at a Glance

Section 255 BNSS deals with acquittal. It replaced Section 232 CrPC on 1 July 2024.

Section 255 BNSS Bare Act Text

255. Acquittal

If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Source: Section 255, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 255 BNSS in Simple Words

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with acquittal. The Judge shall record an order of acquittal when the Judge considers that no evidence shows the accused committed the offence. The Judge can pass this order only after taking the evidence for the prosecution, after examining the accused and after hearing the defence and the prosecution on that point.

When Section 255 BNSS Applies

  • Section 255 BNSS applies after the Judge has taken the evidence for the prosecution, examined the accused and heard the prosecution and the defence on the point.
  • The Judge records the order of acquittal when the Judge considers that there is no evidence that the accused committed the offence.

Example of Section 255 BNSS

Meera is tried before a Judge. The Judge takes the evidence for the prosecution, examines Meera and hears the prosecution and the defence on the point. The Judge considers that there is no evidence that Meera committed the offence. Under Section 255 BNSS, the Judge shall record an order of acquittal.

When Section 255 BNSS Does Not Apply

  • Section 255 BNSS speaks of an order of acquittal where the Judge considers that there is no evidence that the accused committed the offence. It does not deal with discharge, which is the subject of Section 250 BNSS.
  • Section 255 BNSS speaks of an order of acquittal on the Judge's consideration that there is no evidence. It does not deal with the judgment of acquittal or conviction after arguments, which is the subject of Section 258 BNSS.

Section 255 BNSS in the CrPC (Previous Law)

Section 255 BNSS replaces Section 232 CrPC from the old criminal code.

From 1 July 2024, Section 232 of the Code of Criminal Procedure, 1973 is found in Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Acquittal, and the same text. Neither text refers to another section.

View CrPC Section 232 โ†’

FAQs on Section 255 BNSS

When shall the Judge record an order of acquittal under Section 255 BNSS?โ–ผ

The Judge shall record an order of acquittal when, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence.

Whom does the Judge hear before recording an order of acquittal under Section 255 BNSS?โ–ผ

Section 255 BNSS speaks of hearing the prosecution and the defence on the point, after taking the evidence for the prosecution and examining the accused.

Does Section 255 BNSS state a time limit for the order of acquittal?โ–ผ

No. Section 255 BNSS does not state a period of time. It names the stage at which the Judge considers whether there is no evidence that the accused committed the offence: after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point.

What changed from Section 232 CrPC to Section 255 BNSS from 1 July 2024?โ–ผ

Section 255 BNSS has the same heading, Acquittal, and the same text as Section 232 CrPC. Neither text refers to another section.

Have questions about Section 255 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 26 Oct 2026 ยท