Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 258: Judgment of acquittal or conviction.
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may for specific reasons extend to a period of sixty days.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.
Brefe Detail
This section outlines the process for delivering a judgment in criminal cases. It specifies the timeline for the Judge to issue a judgment following the completion of arguments and the procedures to follow if the accused is convicted.
Question & Answers
What is the time frame for the Judge to deliver a judgment after hearing arguments?
The Judge must deliver a judgment within thirty days from the completion of arguments, which can be extended to sixty days for specific reasons.
What happens if the accused is convicted?
If the accused is convicted, the Judge will hear the accused regarding the sentence before passing the sentence according to law.
Example
- Scenario: In a theft case, after hearing both the prosecution and defense arguments, the Judge takes thirty days to analyze the evidence and then delivers a judgment of acquittal or conviction.
Summary
Section 258 mandates that a Judge must deliver a judgment within thirty days of concluding arguments, allowing for an extension to sixty days. If the accused is found guilty, the Judge is required to hear them regarding sentencing before imposing a penalty.
