Section 255 CrPC: Acquittal or conviction
Code of Criminal Procedure, 1973
Section 255 CrPC at a Glance
Section 255 CrPC deals with acquittal or conviction. From 1 July 2024 it is replaced by Section 278 BNSS.
What Section 255 CrPC Says
255. Acquittal or conviction
(1) If the Magistrate, upon taking the evidence referred to in section 254 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 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, 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 255, Code of Criminal Procedure, 1973
Section 255 CrPC in Simple Words
Section 255 of the Code of Criminal Procedure, 1973 deals with the end of a trial after the Magistrate takes the evidence referred to in Section 254 CrPC 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 325 CrPC or Section 360 CrPC, he shall, if he finds the accused guilty, pass sentence upon him according to law. Section 255(3) CrPC says a Magistrate may, under Section 252 CrPC or Section 255 CrPC, 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 255 CrPC Applies
- Under Section 255(1) CrPC the Magistrate takes the evidence referred to in Section 254 CrPC 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 255(2) CrPC, where the Magistrate does not proceed in accordance with the provisions of Section 325 CrPC or Section 360 CrPC, he shall, if he finds the accused guilty, pass sentence upon him according to law.
- Under Section 255(3) CrPC a Magistrate may, under Section 252 CrPC or Section 255 CrPC, 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 255 CrPC
When Section 255 CrPC Does Not Apply
- Section 255(1) CrPC 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 257 CrPC covers under the heading Withdrawal of complaint.
- Section 255(2) CrPC 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 258 CrPC covers under the heading Power to stop proceedings in certain cases.
Section 255 CrPC Under BNSS 278: What Changed
Section 255 CrPC is now covered under Section 278 BNSS.
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.
View detailed comparison (CrPC 255 vs BNSS 278) →FAQs on Section 255 CrPC
What must the Magistrate do if the accused is found not guilty under Section 255 CrPC?▼
Under Section 255(1) CrPC, if the Magistrate, upon taking the evidence referred to in Section 254 CrPC 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 255 CrPC?▼
Section 255(2) CrPC says that where the Magistrate does not proceed in accordance with the provisions of Section 325 CrPC or Section 360 CrPC, he shall, if he finds the accused guilty, pass sentence upon him according to law.
What does Section 255(3) CrPC say about the nature of the complaint or summons?▼
Section 255(3) CrPC says a Magistrate may, under Section 252 CrPC or Section 255 CrPC, 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.
Where is Section 255 CrPC found in the BNSS from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 255(1) CrPC is found in Section 278(1) BNSS, Section 255(2) CrPC in Section 278(2) BNSS and Section 255(3) CrPC in Section 278(3) BNSS. Both carry the heading Acquittal or conviction.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·