Section 275 BNSS: Conviction on plea of guilty (Formerly Section 252 CrPC)

Section 275 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 as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

Legal Commentary & Landmark Judgments: Section 275

Section 275 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 252 of the CrPC, 1973) dictates the procedure when an accused pleads guilty in a summons case, requiring the Magistrate to record the plea in the accused's own words and exercise judicial discretion regarding conviction.

Stating Substance of Accusation: The particulars of the offence must first be stated to the accused, and the accused must be asked whether they plead guilty or have any defence to make.
Recording Plea in Accused's Own Words: If the accused pleads guilty, the Magistrate is mandatorily required to record the plea as nearly as possible in the precise words used by the accused.
Discretionary Conviction: The Magistrate 'may' convict the accused; recording a plea does not automatically mandate conviction if the admission does not constitute an offence under the statutory definition.

Key Landmark Precedents:

Mahant Kaushalya Das v. State of Madras, AIR 1966 SC 22: The Supreme Court held that the requirement of recording the plea in the accused's own words is mandatory; failure to record the exact plea renders the conviction illegal and void.
State of Maharashtra v. Sukhdeo Singh, (1992) 3 SCC 700: Observed that a plea of guilty must be voluntary, clear, and unambiguous, entered with full comprehension of the legal consequences.

Courtroom Practice & Strategic Litigation Guidance:

Never advise a client to plead guilty based on informal compromises unless the statutory ingredients of the charge are fully comprehended and the resulting disqualifications (service rules, passport bars) are vetted.