सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 258

Judgment of acquittal or conviction

Why this exists

This ensures trials actually conclude promptly instead of judgments being reserved indefinitely, a common complaint about India's courts - the 30/45-day deadline is a new addition in BNSS aimed at reducing delay. It also protects the fundamental principle that punishment isn't decided in the same breath as guilt: the convicted person must get a separate hearing to argue for leniency before sentencing. This corresponds to section 235 of the earlier Code of Criminal Procedure, with the new time limit added.

Common misconceptions
  • Myth: The judge decides guilt and punishment at the same moment.
    Fact: Sentencing requires a separate hearing after conviction where the accused can argue for a lighter punishment.