Section 278 BNSS: Acquittal or conviction

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 278 BNSS at a Glance

Section 278 BNSS deals with acquittal or conviction. It replaced Section 255 CrPC on 1 July 2024.

Was CrPC

Section 255 →

Section 278 BNSS Bare Act Text

(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.

Source: Section 278, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 278 BNSS in Simple Words

Section 278 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the end of a trial after 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. If the Magistrate finds the accused not guilty, he shall record an order of acquittal.

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. Section 278(3) BNSS says a Magistrate may, under Section 275 BNSS or Section 278 BNSS, convict the accused of any offence triable under this Chapter, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

When Section 278 BNSS Applies

  • 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.
  • If the Magistrate finds the accused not guilty, he shall record an order of acquittal.
  • 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.
  • 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.
  • 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.

Example of Section 278 BNSS

Magistrate Arvind has taken the evidence referred to in Section 277 BNSS in a case against Kavita. Magistrate Arvind also causes further evidence to be produced, of Magistrate Arvind's own motion. If Magistrate Arvind finds Kavita not guilty, Magistrate Arvind shall record an order of acquittal. If Magistrate Arvind finds Kavita guilty and does not proceed in accordance with the provisions of Section 364 BNSS or Section 401 BNSS, Magistrate Arvind shall pass sentence upon Kavita according to law.

When Section 278 BNSS Does Not Apply

  • Section 278(1) BNSS speaks of an order of acquittal on a finding that the accused is not guilty. It does not deal with the withdrawal of a complaint, after which the Magistrate shall acquit the accused, which Section 280 BNSS covers under the heading Withdrawal of complaint.
  • Section 278(2) BNSS speaks of passing sentence on a finding of guilty. It does not deal with the stopping of proceedings in a summons-case instituted otherwise than upon complaint, which Section 281 BNSS covers under the heading Power to stop proceedings in certain cases.

Section 278 BNSS in the CrPC (Previous Law)

Section 278 BNSS replaced Section 255 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 278 BNSS

What must the Magistrate do if the accused is found not guilty under Section 278 BNSS?▼

Under Section 278(1) BNSS, if the Magistrate, upon taking 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, finds the accused not guilty, he shall record an order of acquittal.

What happens if the Magistrate finds the accused guilty under Section 278 BNSS?▼

Section 278(2) BNSS says that 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.

What does Section 278(3) BNSS say about the nature of the complaint or summons?▼

Section 278(3) BNSS says 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, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

What changed from Section 255 CrPC to Section 278 BNSS from 1 July 2024?▼

Section 278 BNSS has the same heading and the same text as Section 255 CrPC, with these differences. 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.

Section 278 BNSS: Sub-sections Explained

Section 278(1) BNSS: Acquittal or conviction

▶

Bare Act Text

(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.

Previous Law

CrPC 255 → Section 278(1) BNSS

Section 278(2) BNSS: Acquittal or conviction

▶

Bare Act Text

(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.

Previous Law

CrPC 255(2) → Section 278(2) BNSS

Section 278(3) BNSS: Acquittal or conviction

▶

Bare Act Text

(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.

Previous Law

CrPC 255(3) → Section 278(3) BNSS

Have questions about Section 278 BNSS?

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

Ask NyayGuru →

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

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·