conviction

A conviction follows proof of guilt beyond reasonable doubt or an accepted plea of guilty. In a sessions trial, after convicting the accused, the judge must hear him on the question of sentence before passing it. Conviction and sentence are separate steps; an appeal may challenge one or both.

A convicted offender may be released on probation instead of being sentenced, and such release removes any disqualification attached to the conviction. Conviction has consequences beyond punishment: a legislator convicted of certain offences is disqualified, which is why stay of conviction (rarely granted) is sometimes sought pending appeal.

Example

After recording the conviction under section 318 BNS, the Magistrate heard the accused on sentence and released him on probation, as he was a first offender.

In Indian law

• Section 258, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.235 CrPC) (judgment of acquittal or conviction; hearing on sentence)
• Section 12, Probation of Offenders Act, 1958 (removal of disqualification)
• Section 8, Representation of the People Act, 1951 (disqualification on conviction)

See also

acquittal · sentence · probation · beyond reasonable doubt

Read more in the study notes

• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)