Section 235 CrPC: Judgment of acquittal or conviction

Code of Criminal Procedure, 1973

Section 235 CrPC at a Glance

Section 235 CrPC deals with judgment of acquittal or conviction. From 1 July 2024 it is replaced by Section 258 BNSS.

Now BNSS

Section 258 →

What Section 235 CrPC Says

235. Judgment of acquittal or conviction

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.

Source: Section 235, Code of Criminal Procedure, 1973

Section 235 CrPC in Simple Words

Section 235 of the Code of Criminal Procedure, 1973 is headed Judgment of acquittal or conviction. Under Section 235(1) of the Code, the Judge shall give a judgment in the case, but only after hearing arguments and points of law, if there are any.

Section 235(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 360 of the Code.

When Section 235 CrPC Applies

  • Under Section 235(1) CrPC, after hearing arguments and points of law, if any, the Judge shall give a judgment in the case.
  • Under Section 235(2) CrPC, 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 360 CrPC.
  • Under Section 235(2) CrPC, after hearing the accused on the questions of sentence, the Judge shall pass sentence on the accused according to law.

Example of Section 235 CrPC

Ramesh is tried before a Judge. After hearing arguments and points of law, the Judge gives a judgment in the case under Section 235(1) CrPC and Ramesh is convicted. The Judge does not proceed in accordance with the provisions of Section 360 CrPC. Under Section 235(2) CrPC, the Judge shall hear Ramesh on the questions of sentence, and then pass sentence on Ramesh according to law.

When Section 235 CrPC Does Not Apply

  • Section 235(2) CrPC speaks of the case where the accused is convicted. It does not deal with the case where the accused is not convicted.
  • Section 235(2) CrPC speaks of hearing the accused on the questions of sentence unless the Judge proceeds in accordance with Section 360 CrPC. It does not deal with the order to release on probation of good conduct or after admonition itself.

Section 235 CrPC Under BNSS 258: What Changed

Section 235 CrPC is now covered under Section 258 BNSS.

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.

View detailed comparison (CrPC 235 vs BNSS 258) →

FAQs on Section 235 CrPC

What does the Judge do after hearing arguments under Section 235 CrPC?▼

Under Section 235(1) of the Code of Criminal Procedure, 1973, after hearing arguments and points of law, if any, the Judge shall give a judgment in the case.

Must the accused be heard on the questions of sentence under Section 235 CrPC?▼

Under Section 235(2) of the Code of Criminal Procedure, 1973, if the accused is convicted, the Judge shall, unless the Judge proceeds in accordance with the provisions of Section 360 CrPC, hear the accused on the questions of sentence, and then pass sentence on the accused according to law.

Does Section 235(2) CrPC apply if the accused is not convicted?▼

Section 235(2) CrPC begins with the words if the accused is convicted. It speaks of the case where the accused is convicted.

Where is Section 235 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 235 of the Code of Criminal Procedure, 1973 is found in Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 235(1) CrPC is found in Section 258(1) BNSS and Section 235(2) CrPC in Section 258(2) BNSS. Section 258(1) BNSS adds 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 258(2) BNSS refers to Section 401 BNSS where Section 235(2) CrPC refers to Section 360 CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·