Procedure when not convicted
Section 254 of the Code of Criminal Procedure, 1973 deals with procedure when not convicted. If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Section 254, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 277 Procedure when not convicted Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Daljeet Singh Chandok vs State
Court's Decision & Legal Precedent
In cheque dishonour cases under Section 138 of the Negotiable Instruments Act, the High Court should not exercise its inherent powers under Section 482 CrPC to quash summoning orders at the threshold stage, especially when there is inordinate delay in challenging the order. The accused should be allowed to defend themselves in the trial court, and the trial court should dispose of the matter expeditiously in accordance with the legislative intent of the 2002 amendments. The inherent powers of the High Court should not be exercised to stifle legitimate prosecution or to allow accused to escape trial through premature High Court petitions.
On this section: Summary trial procedure applicable to cheque dishonour cases. The court noted that these sections provide for expeditious disposal of such cases.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 254
What have the courts held on Section 254 of the Code of Criminal Procedure?
Daljeet Singh Chandok vs State (09 Jan 2006) is the leading judgment on this section among those set out below: Summary trial procedure applicable to cheque dishonour cases. The court noted that these sections provide for expeditious disposal of such cases.
How do I find court cases under Section 254 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 254, section 254 CRPC, section 254 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Daljeet Singh Chandok vs State (09 Jan 2006).
What should I read with Section 254 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 252 (Conviction on plea of guilty), section 253 (Conviction on plea of guilty in absence of accused in petty cases), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 277 (Procedure when not convicted), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 254 of the Code of Criminal Procedure come into force?
Section 254 of the Code of Criminal Procedure, cited as CRPC 254, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.