Law4u - Made in India

What Is BNSS Section 255?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 255: Acquittal

If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Brief Detail

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for acquitting an accused individual. It states that if, after reviewing the evidence and arguments from both the prosecution and the defense, the Judge finds insufficient evidence to support the charge, an order of acquittal must be recorded.

Question & Answers

Q1: What happens after the Judge examines the evidence and the accused?

A1: If the Judge finds no evidence that the accused committed the offence, they shall record an order of acquittal.

Q2: What must the Judge consider before making an acquittal order?

A2: The Judge must consider the evidence presented, examine the accused, and hear arguments from both the prosecution and the defense.

Q3: What is the outcome if there is insufficient evidence against the accused?

A3: The Judge will record an order of acquittal.

Example

  1. Evidence Presentation: The prosecution presents its evidence against the accused.
  2. Defense Argument: The defense presents arguments challenging the prosecution's evidence.
  3. Judge's Consideration: After evaluating both sides, the Judge finds no compelling evidence against the accused.
  4. Acquittal Order: The Judge then records an order of acquittal, indicating the accused is not guilty of the charges.

Summary

Section 255 establishes that a Judge must acquit an accused if, after considering all evidence and hearing both parties, there is no evidence of wrongdoing. This ensures the protection of individuals from wrongful conviction when insufficient evidence is presented.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Govind Singh Kushwaha

Advocate Govind Singh Kushwaha

Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Trademark & Copyright, Revenue

Get Advice
Advocate Shaileshkumar A Chauhan

Advocate Shaileshkumar A Chauhan

Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, NCLT, R.T.I, Recovery, Revenue, Anticipatory Bail, Child Custody, Supreme Court, Wills Trusts, Medical Negligence

Get Advice
Advocate Vaibhav Sharma

Advocate Vaibhav Sharma

Cheque Bounce,Divorce,Domestic Violence,Family,International Law,Wills Trusts,Revenue,Breach of Contract,Civil,Documentation,Criminal,Labour & Service,R.T.I,High Court,Supreme Court,

Get Advice
Advocate Rajesh Gulati

Advocate Rajesh Gulati

Civil, Domestic Violence, Family, Consumer Court, Criminal

Get Advice
Advocate Vivek Prakash Mishra

Advocate Vivek Prakash Mishra

Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Family, High Court, Criminal, Anticipatory Bail, Divorce, Domestic Violence, Labour & Service, Landlord & Tenant, Medical Negligence, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Trademark & Copyright, Revenue

Get Advice
Advocate Vikas Pathak

Advocate Vikas Pathak

Civil, Consumer Court, Corporate, Criminal, Documentation, GST, Labour & Service, Property, Tax, Customs & Central Excise

Get Advice
Advocate Aditya Maloo

Advocate Aditya Maloo

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, High Court

Get Advice
Advocate Pradeep Rajpurohit

Advocate Pradeep Rajpurohit

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Family, High Court

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.