Section 264 BNSS: Conviction on plea of guilty (Formerly Section 252 CrPC)

Section 264 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 Magistrate 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)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 264

Section 264 provides that if the accused pleads guilty in a warrant case tried by a Magistrate, the Magistrate shall record the plea and may, in their discretion, convict him thereon (replacing Section 241 CrPC).

Voluntary Plea of Guilty: Accused pleads guilty after charge is read and explained under Section 263.
Recording in Words of Accused: Magistrate MUST record the plea in the exact words used by the accused.
Discretionary Conviction: Magistrate is not bound to convict; may proceed with trial if plea appears doubtful or coerced.

Key Landmark Precedents:

State of Maharashtra v. Sukhdeo Singh (1992) 3 SCC 700: The Supreme Court held that a plea of guilty must be clear, unambiguous, and voluntary, recorded in the words of the accused; courts should be reluctant to accept pleas in grave capital or life imprisonment charges.
Pawan Kumar v. State of Haryana (1996) 4 SCC 17: Affirmed that pleading guilty requires full awareness of penal consequences.

Courtroom Practice & Strategic Litigation Guidance:

In challenge to a conviction on a plea of guilty, inspect the order sheet. If the magistrate recorded a mechanical 'accused admits guilt' rather than recording the verbatim confession in the accused's own words, challenge the conviction under *Sukhdeo Singh*.