Section 255: Acquittal
Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets forth the procedural mechanism for releasing an accused person in criminal proceedings. It is therefore pivotal in balancing the concept of justice such that no one is wrongfully convicted as proceedings were not supported by enough evidence.
The judge has to take his time and think carefully about the evidence the prosecution presents during the trial. This includes evaluating the testimonies of witnesses, documentary evidence, and any other materials submitted as part of the prosecution's case.
After that, the judge should listen to both prosecution and defense arguments. This will offer an avenue for the two parties to present their thought regarding the evidence and what it may signify concerning the alleged offense.
If, after careful assessment of the available evidence and careful consideration of arguments from both parties, the trial judge determines there is no direct evidence to ascertain that the alleged offender committed the offense, there must be a verdict of not guilty. It is based on the premise of the assumption of innocence such that an accused cannot be subjected to conviction until guilt is confirmed beyond reasonable doubt. It confirms the principle that, in the course of justice, an accused individual is considered innocent until proven to be guilty.
The judge has the discretion to evaluate the credibility, relevance, and sufficiency of the evidence that is brought before the court during the trial. This judicial discretion is critical in determining whether the prosecution has met the burden of proof required for a conviction or if the case is short of the legal threshold for a guilty verdict, thereby necessitating an acquittal.
