Section 252 BNSS: Conviction on plea of guilty (Formerly Section 252 CrPC)

Section 252 of Bharatiya Nagarik Suraksha Sanhita, 2023: Conviction on plea of guilty

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Police Report Sec 2(1)(p)

Legal Commentary & Landmark Judgments: Section 252

Section 252 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the procedure for convicting an accused upon a voluntary plea of guilty in Sessions trials.

Core Legal Standard: Section 252 provides that if the accused pleads guilty, the Judge shall record the plea and may, in their discretion, convict them thereon.
Penal Consequences & Liability: The word 'may' confers judicial discretion on the Sessions Judge: even if the accused pleads guilty, the Judge is not bound to convict if the offence carries capital punishment or life imprisonment, or if there is reason to suspect that the plea is involuntary, coerced, or made under misunderstanding.

Key Landmark Precedents:

State of Maharashtra v. Sukhdeo Singh (1992) 3 SCC 700: The Supreme Court held that a plea of guilty must be recorded in the exact words of the accused; the court must satisfy itself that the plea is clear, voluntary, unambiguous, and that the accused fully comprehends the penal consequences.
Queen-Empress v. Bhadu (ILR 19 All 119): Classic ruling affirming that in capital offences, courts should exercise great reluctance to convict upon a plea of guilty and should proceed with a full trial to satisfy judicial conscience.

Legal Commentary:

Section 252 grants wide protective discretion to the Sessions Court. A guilty plea should never be accepted without examining whether the accused was provided competent legal counsel and understood that a conviction may lead to severe imprisonment.