Acquittal or conviction
AI Assist
Summary
When a charge has been framed and the Magistrate finds the accused not guilty, the Magistrate must record an order of acquittal. If the Magistrate finds the accused guilty but does not follow the special procedures for further steps, he must hear the accused on sentence and then pass sentence according to law. If a prior conviction is alleged and the accused denies it, the Magistrate may, after convicting, take evidence about that prior conviction and record a finding, but the prior conviction must not be mentioned or put to the accused before conviction.
Example
Arjun is tried for theft and the charge is framed, with an earlier theft conviction alleged in the charge. Arjun denies the earlier conviction. After the Magistrate convicts him on the present charge, the Magistrate takes evidence about the earlier conviction and records whether it is proved; the earlier conviction was not read out or referred to before Arjun was convicted.
Bare Act
Enacted text(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).
Previous year papers
Pick your exam. we'll email the most recent paper.