Acquittal

uh-KWIT-uhl

Not guilty verdict.

Quick Reference

CrPC 232
BNSS 255
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Definition

Not Guilty

Not guilty verdict.

Accused found not guilty after trial.

Etymology & Origin

From Old French 'acquiter' (to set free, clear). Signifies the formal legal clearance of a person from criminal charges.

Full Legal Analysis

An Acquittal is a formal judicial verdict confirming that a person accused of a crime has been found 'not guilty' following a full trial. It represents the total vindication of the accused in the eyes of the law.

Unlike a 'discharge' (which happens before the trial starts) or a 'quashing' (which halts proceedings on legal grounds), an acquittal occurs after the prosecution has presented all its witnesses and evidence, and the court concludes that the prosecution failed to prove the charges 'beyond a reasonable doubt'.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 255 & 271 (formerly CrPC 232 & 248): If the Judge considers that there is no evidence that the accused committed the offence, he shall record an order of acquittal.

An acquittal carries immense constitutional weight due to the protection against Double Jeopardy (Article 20(2) of the Constitution and Section 336 of the BNSS). A person acquitted of an offence cannot be tried again for the same offence based on the same facts.

Kali Ram v. State of Himachal Pradesh (1973) 2 SCC 36
The Supreme Court famously noted the bedrock principle of criminal jurisprudence: it is better that ten guilty persons escape than that one innocent suffer, reinforcing the high standard required to prevent an acquittal.

For defence advocates, securing an 'honourable acquittal' (where the court explicitly states the accused was falsely implicated) rather than an 'acquittal on benefit of doubt' is crucial if the client intends to seek reinstatement in a government job or sue for malicious prosecution.

This Term in Indian Statutes

BNSS 255
neutral

Bharatiya Nagarik Suraksha Sanhita, 2023, 2023

"Order of acquittal in a trial before a Court of Session."

The procedural mandate directing a judge to acquit when the prosecution's evidence fails.

Other Legislation

Constitution of India, 1950 Article 20(2)

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