BNSS Section 258: Judgment of Acquittal or Conviction (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

Section 258 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure law in force since 1 July 2024, is the stage where a sessions trial ends. After the arguments are over, the Judge delivers a judgment that either acquits or convicts the accused. The new rule adds a clock: the judgment must be given within thirty days of the close of arguments, and that can be stretched to forty-five days only for reasons written down. If the accused is convicted, the Judge then hears him on the question of sentence. Section 258 carries forward Section 235 of the old CrPC. Last verified October 2026.

01The short point

Section 258 is the last step of a trial before the Court of Session. Once both sides have argued, the Judge writes and delivers the judgment. The judgment does one of two things: it acquits the accused, meaning he is set free of the charge, or it convicts him, meaning the charge is held proved.

Two things are new under the BNSS. First, the Judge has to deliver the judgment within a set time. Second, the convicted accused is still heard separately on what the sentence should be, which keeps the old two-step idea of deciding guilt first and punishment next.

02What Section 258 says

Section 258 has two parts. Sub-section (1) deals with when the judgment is given. Sub-section (2) deals with what happens after a conviction.

• Sub-section (1): after hearing the arguments and any points of law, the Judge gives a judgment in the case as soon as possible, within thirty days from the date the arguments were completed, extendable to forty-five days for reasons recorded in writing.
• Sub-section (2): if the accused is convicted, the Judge, unless he proceeds under Section 401 of the BNSS, hears the accused on the question of sentence and then passes sentence according to law.

Section 401 referred to in sub-section (2) is the provision for releasing certain offenders on probation of good conduct or after admonition, instead of sending them straight to prison. When the Judge takes that route, the separate sentence hearing is handled under that provision.

03The new time limit for judgment

The biggest change from the old law is the deadline. The old CrPC simply said the Judge shall give a judgment, with no fixed time. The BNSS now says it must come within thirty days of the close of arguments, and only a reasoned written order can push that to forty-five days.

This is part of a wider push in the BNSS to put time limits on different stages of a criminal case so that judgments are not delayed for long periods. It is a direction to the court, meant to speed up the delivery of verdicts.

04Hearing on sentence after conviction

If the Judge convicts the accused, the case does not end at that moment. Under sub-section (2), the Judge hears the accused on the question of sentence before passing it. The accused can point to things that may reduce the punishment, such as being a first-time offender, his age, his health, or his family responsibilities.

The Judge then passes sentence according to law. The one exception is where the Judge instead deals with the offender under Section 401, for example by releasing him on probation of good conduct, in a fit case.

05Old to new: CrPC 235 to BNSS 258

Section 235 of the Code of Criminal Procedure is now Section 258 of the BNSS. The structure is carried over, with two changes: a time limit for the judgment, and an updated internal cross-reference.

Because the core rule is unchanged, judgments decided under Section 235 of the CrPC still guide how Section 258 of the BNSS is read. For a full old-to-new table, see the CrPC to BNSS section mapping.

06Where it fits in a sessions trial

A sessions trial moves through a set order, and Section 258 sits at the end of it.

• The Judge first considers discharge under Section 250 if there is no sufficient ground to proceed.
• If the case goes on, the court moves to framing of charge, then evidence and arguments.
• Section 258 is the judgment of acquittal or conviction, followed by the sentence.
• A person aggrieved by the result can then look at a criminal appeal.

Section 258 is a procedure provision. It has no punishment of its own and no cognizable, bailable or triable status. Those attributes belong to the offence that was tried.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

How a judgment is written, and how a sentence is fixed, is best understood by reading how courts have actually done it. Claw lets you search more than 30 crore judgments to see how sessions courts have framed acquittals, convictions and sentencing reasons, with results in under 5 seconds and reported authority running from Supreme Court rulings of 1950 and High Court rulings of 1990 to the latest orders. You can also follow a pending trial, with its orders and hearing dates, by party or advocate name across 9,102 courts, benches and forums, which helps when a judgment is reserved and you are waiting on the date it is pronounced.

Claw does not use the documents you upload to train its AI models. Create a free Claw account to study judgment and sentencing patterns and to track a pending matter. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• BNSS 258 to CrPC 235 concordance: prashantkanha.com
• Section 258, BNSS (bare text): courtbook.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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