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Section 255 BNSS 2023: Acquittal in a Sessions Trial

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for acquittal at the stage following prosecution evidence in a trial before a Court of Session. It applies where, after the required procedural steps, the Judge finds that there is no evidence that the accused committed the offence.

Text of Section 255 BNSS

255. If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Meaning of Section 255 BNSS

Section 255 creates a specific stage in a Sessions trial at which the Court examines whether the prosecution evidence provides any evidence connecting the accused with the alleged offence. The provision operates after evidence for the prosecution has been taken under Section 254 BNSS.

Before recording an order under Section 255, the Judge must consider the prosecution evidence, examine the accused as required by law, and hear both the prosecution and the defence on the question whether there is evidence that the accused committed the offence.

When Acquittal Is Required Under Section 255

The statutory test is whether there is evidence that the accused committed the offence. If the Judge concludes at this stage that there is no such evidence, Section 255 uses mandatory language: the Judge shall record an order of acquittal.

Key point: Section 255 concerns the absence of evidence connecting the accused with the offence after the prosecution evidence has been taken and the parties have been heard on that issue. It is a distinct procedural stage before the accused is called upon to enter upon the defence under Section 256.

Procedure Before an Order of Acquittal

  • The prosecution evidence is taken under Section 254 BNSS.
  • The accused is examined in accordance with the applicable provisions of the BNSS.
  • The prosecution is heard on the question whether there is evidence that the accused committed the offence.
  • The defence is also heard on that question.
  • If the Judge finds that there is no evidence that the accused committed the offence, an order of acquittal must be recorded.
  • If the accused is not acquitted under Section 255, the proceedings move to the defence stage under Section 256 BNSS.

Section 255 and Section 256 BNSS

Sections 255 and 256 operate sequentially. Section 255 permits termination of the Sessions trial by acquittal where the statutory test is satisfied. If the accused is not acquitted under Section 255, Section 256 provides for the accused to enter upon the defence and adduce evidence in support of the defence.

Importance of Section 255 in a Sessions Trial

The provision acts as a procedural safeguard against requiring an accused to proceed further with a defence when the prosecution evidence does not disclose evidence that the accused committed the offence. At the same time, the decision is taken only after the prosecution evidence has been recorded and both sides have been heard on the point.

Related BNSS Provisions

Section 251 - Framing of charge Section 252 - Conviction on plea of guilty Section 253 - Date for prosecution evidence Section 254 - Evidence for prosecution Section 256 - Entering upon defence Section 257 - Arguments Section 258 - Judgment of acquittal or conviction Section 259 - Previous conviction Section 260 - Procedure in cases instituted under sub-section (2) of Section 222

Official Legal Status

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the BNSS came into force, except the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 255 is titled Acquittal.

Last reviewed: 11 September 2026.