Section 258 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Judgment of acquittal or conviction.
Judgment of acquittal or conviction.
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may for specific reasons extend to a period of sixty days.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.
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Section 259 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Previous conviction.
In a case where 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 Judge may, after he has convicted the said accused under section 252 or section 258, 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 Judge 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 section 252 or section 258.
Section 260 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Procedure in cases instituted under sub-section (2) of section 222.
(1) A Court of Session taking cognizance of an offence under sub-section (1) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined
as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and
is of opinion that there was no reasonable cause for making the accusation against them or
any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or
the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation,
it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating
to the same matter.
(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
CHAPTER XXI
TRIAL OF WARRANT-CASES BY MAGISTRATES
A.—Cases instituted on a police report
Section 261 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Compliance with section 230.
When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.
Section 262 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
When accused shall be discharged.
(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.
(2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
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