Acquittal or conviction
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Summary
After hearing the evidence and any further material he calls, the Magistrate must record an order of acquittal if he finds the accused not guilty. If the Magistrate finds the accused guilty and does not transfer the case, he must pass sentence according to law. The Magistrate may also convict the accused of any offence triable under this Chapter that the admitted or proved facts show, provided the accused is not prejudiced.
Example
Priya faces a complaint for criminal trespass. After hearing the evidence the Magistrate finds Priya not guilty and records an acquittal. If the Magistrate had found her guilty and did not transfer the case, he would have passed sentence according to law. If the proved facts showed a different offence triable under this Chapter, the Magistrate could convict her of that offence if it would not prejudice her.
Bare Act
Enacted text(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form 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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