Section 276 BNSS: Conviction on plea of guilty in absence of accused in petty cases (Formerly Section 253 CrPC)

Section 276 of Bharatiya Nagarik Suraksha Sanhita, 2023: Conviction on plea of guilty in absence of accused in petty cases

Official Bare Act Text

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

(1) Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

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 276

Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 253 of the CrPC, 1973) establishes a summary mechanism for resolving petty offences, permitting an accused summoned under Section 229 to plead guilty by post or electronic transmission without appearing in person.

Petty Case Summons: Applies exclusively to summons issued under Section 229 containing an endorsement permitting the accused to plead guilty in writing.
Transmission of Written Plea & Fine: The accused may transmit a written letter containing the plea of guilty along with the specified fine amount through post, messenger, or verified electronic payment systems.
Magistrate's Recording and Conviction: The Magistrate records the conviction in the absence of the accused and adjusts the transmitted fine into the judicial revenue.

Key Landmark Precedents:

State of Mysore v. Shiva, 1969 Cri LJ 1024: Held that petty offence disposals cannot be extended to offences involving moral turpitude or substantive imprisonment terms.
P.K. Ghosh v. J.G. Rajput, (1995) 6 SCC 744: Emphasized that summary procedures in petty matters must prevent unnecessary judicial congestion while guaranteeing that no coercion is exercised to compel payment.

Courtroom Practice & Strategic Litigation Guidance:

Utilize Section 276 in traffic violations and regulatory municipal breaches to achieve quick resolution without subjecting clients to physical court appearances.