Section 258 BNSS: Judgment of acquittal or conviction

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 258 BNSS at a Glance

Section 258 BNSS deals with judgment of acquittal or conviction. It replaced Section 235 CrPC on 1 July 2024.

Was CrPC

Section 235 →

Section 258 BNSS Bare Act Text

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.

Source: Section 258, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 258 BNSS in Simple Words

Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Judgment of acquittal or conviction. Under Section 258(1) of the Sanhita, the Judge shall give a judgment in the case, but only after hearing arguments and points of law, if there are any. The judgment shall be given as soon as possible, within thirty days from the date of completion of arguments.

The Judge may extend that period to forty-five days, for reasons to be recorded in writing. Section 258(2) applies if the accused is convicted. The Judge shall hear the accused on the questions of sentence and then pass sentence on the accused according to law.

The Judge shall do so unless the Judge proceeds in accordance with Section 401 of the Sanhita.

When Section 258 BNSS Applies

  • Under Section 258(1) BNSS, after hearing arguments and points of law, if any, the Judge shall give a judgment in the case.
  • Under Section 258(1) BNSS, the Judge shall give the judgment as soon as possible, within a period of thirty days from the date of completion of arguments.
  • Under Section 258(1) BNSS, the period of thirty days may be extended to a period of forty-five days for reasons to be recorded in writing.
  • Under Section 258(2) BNSS, if the accused is convicted, the Judge shall hear the accused on the questions of sentence, unless the Judge proceeds in accordance with the provisions of Section 401 BNSS.
  • Under Section 258(2) BNSS, after hearing the accused on the questions of sentence, the Judge shall pass sentence on the accused according to law.

Time Limits Under Section 258 BNSS

  • Under Section 258(1) BNSS, the judgment is to be given as soon as possible, within a period of thirty days from the date of completion of arguments.Act text: “as soon as possible, within a period of thirty days from the date of completion of arguments”
  • Under Section 258(1) BNSS, the period of thirty days may be extended to a period of forty-five days for reasons to be recorded in writing.Act text: “which may be extended to a period of forty-five days for reasons to be recorded in writing.”

Example of Section 258 BNSS

Meera is tried before a Judge. The arguments are completed. Under Section 258(1) BNSS, the Judge shall give a judgment in the case as soon as possible, within a period of thirty days from the date of completion of arguments. The Judge gives a judgment in which Meera is convicted. The Judge does not proceed in accordance with the provisions of Section 401 BNSS. Under Section 258(2) BNSS, the Judge shall hear Meera on the questions of sentence, and then pass sentence on Meera according to law.

When Section 258 BNSS Does Not Apply

  • Section 258(2) BNSS speaks of the case where the accused is convicted. It does not deal with the case where the accused is not convicted.
  • Section 258(2) BNSS speaks of hearing the accused on the questions of sentence unless the Judge proceeds in accordance with Section 401 BNSS. It does not deal with the order to release on probation of good conduct or after admonition itself.

Section 258 BNSS in the CrPC (Previous Law)

Section 258 BNSS replaced Section 235 CrPC from 1 July 2024.

Section 258 BNSS has the same heading as Section 235 CrPC, from 1 July 2024. Section 258(1) BNSS adds the words as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing. Section 235(1) CrPC has no counterpart to those words. Section 258(2) BNSS refers to Section 401 BNSS where Section 235(2) CrPC referred to Section 360 CrPC.

Each sub-section below names its own source.

FAQs on Section 258 BNSS

Within what period is the judgment to be given under Section 258 BNSS?▼

Under Section 258(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, after hearing arguments and points of law, if any, the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.

Must the accused be heard on the questions of sentence under Section 258 BNSS?▼

Under Section 258(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the accused is convicted, the Judge shall, unless the Judge proceeds in accordance with the provisions of Section 401 BNSS, hear the accused on the questions of sentence, and then pass sentence on the accused according to law.

Does Section 258(2) BNSS apply if the accused is not convicted?▼

Section 258(2) BNSS begins with the words if the accused is convicted. It speaks of the case where the accused is convicted.

What changed from Section 235 CrPC to Section 258 BNSS from 1 July 2024?▼

From 1 July 2024, Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 235 of the Code of Criminal Procedure, 1973. Section 258 BNSS has the same heading as Section 235 CrPC. Section 258(1) BNSS adds the words as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing. Section 235(1) CrPC has no counterpart to those words. Section 258(2) BNSS refers to Section 401 BNSS where Section 235(2) CrPC referred to Section 360 CrPC.

Section 258 BNSS: Sub-sections Explained

Section 258(1) BNSS: Judgment of acquittal or conviction

▶

Bare Act Text

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.

Previous Law

CrPC 235 → Section 258(1) BNSS

Section 258(2) BNSS: Judgment of acquittal or conviction

▶

Bare Act Text

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.

Previous Law

CrPC 235(2) → Section 258(2) BNSS

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