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 Rajnish Sharma

Advocate Rajnish Sharma

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Court Marriage, Corporate, Divorce, Cyber Crime, Domestic Violence, Family, Medical Negligence, Motor Accident, Media and Entertainment, Landlord & Tenant, Insurance, Recovery, Breach of Contract

Get Advice
Advocate Narendra Sharma

Advocate Narendra Sharma

Banking & Finance, Consumer Court, Divorce, Family, Insurance, Criminal, Cheque Bounce, Court Marriage, Medical Negligence, Motor Accident

Get Advice
Advocate Naresh Maini

Advocate Naresh Maini

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Criminal,Divorce,Domestic Violence,Family,Insurance,Landlord & Tenant,Motor Accident,Property,Recovery,Succession Certificate,

Get Advice
Advocate Shiva Shankara N

Advocate Shiva Shankara N

Civil, Cheque Bounce, Anticipatory Bail, Child Custody, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Cyber Crime, Breach of Contract

Get Advice
Advocate Sunil Godara

Advocate Sunil Godara

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Kathappan A

Advocate Kathappan A

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Motor Accident, Domestic Violence, Cyber Crime, Documentation, Banking & Finance, Labour & Service

Get Advice
Advocate Gayathri R

Advocate Gayathri R

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Rajindra Soni

Advocate Rajindra Soni

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Wills Trusts, Revenue

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.