Section 258 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 258: Judgment of Acquittal or Conviction
Section 258 of the BNSS, 2023, outlines the procedure for delivering a judgment of acquittal or conviction in criminal cases.
Subsection (1): Timeline for Judgment
General Rule: After hearing arguments and points of law (if any), the Judge shall give a judgment in the case as soon as possible.
Timeframe: The judgment must be delivered within thirty days from the date of completion of arguments.
Extension: This period may be extended to forty-five days, provided the Judge records reasons for the delay in writing.
Subsection (2): Procedure Upon Conviction
Conviction: If the accused is convicted, the Judge shall, unless proceeding under Section 401 (which pertains to the suspension of sentences), hear the accused on the questions of sentence
Sentencing: After hearing the accused, the Judge shall pass sentence according to law.
⚖️ Comparison with the Code of Criminal Procedure (CrPC)
Section 258 of the BNSS, 2023, corresponds to Section 235 of the CrPC, 1973. Both sections mandate a specific timeline for delivering judgments and outline the procedure to be followed upon conviction.
🧭 Significance
Timely Justice: The specified timelines aim to ensure that judgments are delivered promptly, reducing delays in the judicial process.
Fair Sentencing: By requiring the Judge to hear the accused on the questions of sentence, the provision ensures that the accused has an opportunity to present mitigating factors before sentencing.
Consistency: Aligning the BNSS with the CrPC ensures consistency in legal procedures and facilitates a smoother transition between the old and new legal frameworks.
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