CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION

Section 235: Judgment of acquittal or conviction

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

235. Judgment of acquittal or conviction.

BNSS 258

Leading cases

Mithu v. State of Punjab (1983)The Constitution Bench struck down Section 303 IPC, which made death the mandatory sentence for murder by a person under a life sentence, as violating Articles 14 and 21; all murders now fall under Section 302.
Bachan Singh v. State of Punjab (1980)By 4:1, the Court upheld the death penalty for murder under Section 302 IPC and the sentencing procedure in Section 354(3) CrPC, holding that death may be imposed only in the rarest of rare cases.

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