Acquittal or conviction
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Summary
After hearing the evidence and any further proof he may order, the Magistrate must record an acquittal if he finds the accused not guilty. If the Magistrate finds the accused guilty and has not followed some alternative procedure, he will pass sentence according to law. The Magistrate may also convict the accused of any other offence triable under this Chapter if the admitted or proved facts support it and the accused will not be prejudiced.
Example
Arjun was tried on a complaint of theft, but the proved facts showed only criminal trespass. The Magistrate convicted him of criminal trespass under the Chapter because the admitted facts matched that offence and Arjun would not be prejudiced by the conviction.
Bare Act
Enacted text(1) If the Magistrate, upon taking the evidence referred to in section 277 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 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 275 or section 278, 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.
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