Section 271 BNSS: Acquittal or conviction
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 271 BNSS at a Glance
Section 271 BNSS deals with acquittal or conviction. It replaced Section 248 CrPC on 1 July 2024.
Section 271 BNSS Bare Act Text
(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).
Source: Section 271, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 271 BNSS in Simple Words
Section 271 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Acquittal or conviction. If, in any case under the Chapter in which Section 271 BNSS appears, a charge has been framed and the Magistrate finds the accused not guilty, the Magistrate shall record an order of acquittal.
Where the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of Section 364 BNSS or Section 401 BNSS, the Magistrate shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. Where a previous conviction is charged under Section 234(7) BNSS 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.
When Section 271 BNSS Applies
- 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.
- 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.
- 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 Under Section 271 BNSS
- 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)”
Example of Section 271 BNSS
When Section 271 BNSS Does Not Apply
- Section 271 BNSS speaks of the Magistrate who finds the accused not guilty or guilty. It does not deal with the judgment of acquittal or conviction given by a Judge, which is the subject of Section 258 BNSS.
- Section 271(2) BNSS speaks of a Magistrate who finds the accused guilty. It does not deal with the procedure when a Magistrate cannot pass sentence sufficiently severe, which is the subject of Section 364 BNSS.
Section 271 BNSS in the CrPC (Previous Law)
Section 271 BNSS replaced Section 248 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 271 BNSS
When shall the Magistrate record an order of acquittal under Section 271(1) BNSS?▼
In any case under the Chapter in which Section 271 BNSS appears, if a charge has been framed and the Magistrate finds the accused not guilty, the Magistrate shall record an order of acquittal.
What happens when the Magistrate finds the accused guilty 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 upon him according to law.
When may evidence of a previous conviction be taken under Section 271(3) BNSS?▼
Where a previous conviction is charged under Section 234(7) BNSS and the accused does not admit it as alleged in the charge, the Magistrate may, after convicting the accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon. The charge shall not be read out, and the previous conviction shall not be referred to by the prosecution, unless and until the accused has been convicted under Section 271(2) BNSS.
What changed from Section 248 CrPC to Section 271 BNSS from 1 July 2024?▼
Section 271 BNSS has the same heading and the same text as Section 248 CrPC, except for renumbered cross-references. 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, and Section 271(3) BNSS refers to Section 234(7) BNSS where Section 248(3) CrPC referred to Section 211(7) CrPC.
Section 271 BNSS: Sub-sections Explained
Section 271(1) BNSS: Acquittal or conviction
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Bare Act Text
(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.
Section 271(2) BNSS: Acquittal or conviction
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Bare Act Text
(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.
Section 271(3) BNSS: Acquittal or conviction
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Bare Act Text
(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).
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·