The accused always has to present a defence before being found not guilty.

If the prosecution presents no evidence at all against the accused, the judge must acquit immediately, without waiting for a defence.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 255

Acquittal

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.§

Why this exists

This is an early safety valve within the trial itself - it stops a case from dragging on to a full defence and judgment when the prosecution has simply failed to produce any evidence at all against the accused. It protects the accused from being forced to mount a defence against a case that was never proved. It mirrors section 232 of the earlier Code of Criminal Procedure.

Common misconceptions

Myth: The accused always has to present a defence before being found not guilty.
Fact: If the prosecution presents no evidence at all against the accused, the judge must acquit immediately, without waiting for a defence.