Acquittal or conviction.

What this section does

In a warrant-case tried by a Magistrate where a charge has been framed, the Magistrate must record an order of acquittal if the accused is found not guilty, or pass sentence after hearing the accused on sentence if found guilty (unless probation or admonition under ss. 364/401 is invoked). Where a previous conviction is charged and not admitted, the Magistrate may take evidence on that point only after convicting the accused under sub-section (2), and the previous conviction must not be disclosed to the accused or mentioned by the prosecution before that stage.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Accused · Prosecution

Derived from CrPC s.248.