Section 248 CrPC: Acquittal or conviction

Code of Criminal Procedure, 1973

Section 248 CrPC at a Glance

Section 248 CrPC deals with acquittal or conviction. From 1 July 2024 it is replaced by Section 271 BNSS.

Now BNSS

What Section 248 CrPC Says

248. Acquittal or conviction
(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 325 or section 360, 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 211 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 248, Code of Criminal Procedure, 1973

Section 248 CrPC in Simple Words

Section 248 of the Code of Criminal Procedure, 1973 is headed Acquittal or conviction. If, in any case under the Chapter in which Section 248 CrPC 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 325 CrPC or Section 360 CrPC, 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 211(7) CrPC 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 248 CrPC Applies

Section 248(1) CrPC 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 248(2) CrPC, where the Magistrate finds the accused guilty but does not proceed in accordance with Section 325 CrPC or Section 360 CrPC, the Magistrate shall, after hearing the accused on the question of sentence, pass sentence according to law.
Under Section 248(3) CrPC, 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 248 CrPC

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 248(2) CrPC.Act text: “unless and until the accused has been convicted under sub-section (2)”

Example of Section 248 CrPC

A charge has been framed against Vikram in a case under the Chapter in which Section 248 CrPC appears, and the Magistrate finds Vikram not guilty. The Magistrate shall record an order of acquittal. In another case, the Magistrate finds Meera guilty and does not proceed in accordance with Section 325 CrPC or Section 360 CrPC. After hearing Meera on the question of sentence, the Magistrate shall pass sentence according to law.

When Section 248 CrPC Does Not Apply

Section 248 CrPC 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 235 CrPC.
Section 248(2) CrPC 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 325 CrPC.

Section 248 CrPC Under BNSS 271: What Changed

Section 248 CrPC is now covered under Section 271 BNSS.

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.

View detailed comparison (CrPC 248 vs BNSS 271) →

FAQs on Section 248 CrPC

When shall the Magistrate record an order of acquittal under Section 248(1) CrPC?▼

In any case under the Chapter in which Section 248 CrPC 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 248(2) CrPC?▼

Where the Magistrate finds the accused guilty but does not proceed in accordance with Section 325 CrPC or Section 360 CrPC, 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 248(3) CrPC?▼

Where a previous conviction is charged under Section 211(7) CrPC 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 248(2) CrPC.

Where is Section 248 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 248(1) CrPC is found in Section 271(1) BNSS, Section 248(2) CrPC in Section 271(2) BNSS and Section 248(3) CrPC in Section 271(3) BNSS, from 1 July 2024. The sections that Section 248 CrPC refers to, Section 325 CrPC, Section 360 CrPC and Section 211(7) CrPC, are Section 364 BNSS, Section 401 BNSS and Section 234(7) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·