Section 258 BNSS 2023 - Judgment of Acquittal or Conviction
Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the judgment stage in a trial before a Court of Session after completion of arguments under Section 257 BNSS. It fixes a statutory time frame for delivery of judgment and also requires a separate hearing on sentence after conviction, unless the Judge proceeds under Section 401 relating to release on probation of good conduct or after admonition.
Text of Section 258 BNSS: Judgment of acquittal or conviction
258. (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 be extended to a period of forty-five days for reasons to be recorded in writing.
(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.
Meaning and scope of Section 258 BNSS
Section 258 applies after the Court has heard the final arguments and any points of law. It requires the Judge to move from the argument stage to judgment without avoidable delay. The provision expressly addresses both possible outcomes: acquittal or conviction.
If the result is conviction, sub-section (2) creates an additional procedural stage before sentence is imposed. Except where the Judge proceeds under Section 401, the accused must be heard on the question of sentence.
Time limit for judgment under Section 258(1)
| Requirement | Section 258 rule |
|---|---|
| Starting point | Date of completion of arguments. |
| Ordinary period | Judgment should be given as soon as possible and within 30 days. |
| Extended period | The period may be extended up to 45 days. |
| Condition for extension | Reasons for the extension must be recorded in writing. |
Important: The official text expressly requires written reasons where the judgment period is extended from 30 days up to 45 days.
Hearing on sentence after conviction
Section 258(2) separates the finding of guilt from the question of sentence. When the accused is convicted, the Judge must hear the accused on sentence before passing the sentence according to law, unless the Court proceeds under Section 401.
A hearing on sentence enables the Court to consider matters relevant to the appropriate punishment after conviction. The sentencing stage is therefore distinct from the earlier determination of whether the prosecution has established guilt.
What is the Section 401 exception?
Section 401 BNSS is titled "Order to release on probation of good conduct or after admonition." Section 258(2) therefore recognizes that where the Judge proceeds under Section 401, the ordinary sentencing course described in Section 258(2) is subject to that special statutory procedure.
Section 258 in the sequence of a Sessions trial
Section 258 follows the argument stage under Section 257. The surrounding provisions show the progression from charge and prosecution evidence through defence, arguments, judgment and, where applicable, consideration of a previous conviction.
| Provision | Stage |
|---|---|
| Section 251 | Framing of charge |
| Section 252 | Conviction on plea of guilty |
| Section 253 | Date for prosecution evidence |
| Section 254 | Evidence for prosecution |
| Section 255 | Acquittal |
| 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 Section 222(2) |
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. India Code records July 1, 2024 as its enforcement date. The Act consolidates and amends the law relating to criminal procedure in India.
Official legal resources
Last reviewed: September 11, 2026.