Section 278 of BNSS : Section 278: Acquittal or conviction.

BNSS

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Explanation using Example

Example 1:

Scenario: Ramesh is accused of petty theft from a local grocery store. The store owner, Mr. Sharma, files a complaint, and the case is brought before a Magistrate.

Application of Section 278:

  1. Evidence Collection: The Magistrate takes evidence as per Section 277, including witness statements from Mr. Sharma and other customers who saw Ramesh at the store.
  2. Further Evidence: The Magistrate also reviews CCTV footage from the store, which shows Ramesh taking items without paying.
  3. Acquittal: If the evidence, including the CCTV footage, does not conclusively prove that Ramesh committed the theft (e.g., the footage is unclear or Ramesh has an alibi), the Magistrate will record an order of acquittal under Section 278(1).
  4. Conviction: If the evidence clearly shows Ramesh committing the theft, and there is no reasonable doubt, the Magistrate will find Ramesh guilty and pass a sentence according to the law under Section 278(2).

Example 2:

Scenario: Priya is accused of causing a public nuisance by playing loud music late at night in her residential area. Her neighbors file a complaint, and the case is brought before a Magistrate.

Application of Section 278:

  1. Evidence Collection: The Magistrate takes evidence as per Section 277, including statements from Priya's neighbors and a police report documenting the noise levels.
  2. Further Evidence: The Magistrate may also consider additional evide...

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