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

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 evidence, such as recordings of the noise levels taken by the police.
3. Acquittal: If the evidence shows that the noise levels were within permissible limits or that Priya was not responsible for the noise, the Magistrate will record an order of acquittal under Section 278(1).
4. Conviction: If the evidence proves that Priya was indeed causing a public nuisance by playing loud music beyond permissible limits, the Magistrate will find her guilty and pass a sentence according to the law under Section 278(2).

Example 3:

Scenario: Anil is accused of driving without a valid license. The traffic police issue a summons, and the case is brought before a Magistrate.

Application of Section 278:

1. Evidence Collection: The Magistrate takes evidence as per Section 277, including the traffic police report and Anil's statement.
2. Further Evidence: The Magistrate may also review the records from the transport department to verify Anil's license status.
3. Acquittal: If the evidence shows that Anil had a valid license at the time of the incident, the Magistrate will record an order of acquittal under Section 278(1).
4. Conviction: If the evidence proves that Anil was driving without a valid license, the Magistrate will find him guilty and pass a sentence according to the law under Section 278(2).

Example 4:

Scenario: Sunita is accused of trespassing on private property. The property owner 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 statements from the property owner and Sunita.
2. Further Evidence: The Magistrate may also consider additional evidence, such as photographs or video footage of the trespassing incident.
3. Acquittal: If the evidence shows that Sunita had permission to be on the property or that she did not actually trespass, the Magistrate will record an order of acquittal under Section 278(1).
4. Conviction: If the evidence proves that Sunita trespassed on the property without permission, the Magistrate will find her guilty and pass a sentence according to the law under Section 278(2).