What Is BNSS Section 264?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 264: Conviction on Plea of Guilty

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

Brief Detail

This section outlines the procedure when an accused pleads guilty in the Bharatiya Nagarik Suraksha Sanhita, 2023. It states that the Magistrate must record the guilty plea and has the discretion to convict the accused based on that plea.

Question & Answers

What happens if the accused pleads guilty?

If the accused pleads guilty, the Magistrate shall record the plea.

Does the Magistrate have to convict the accused if he pleads guilty?

No, the Magistrate may, in his discretion, convict the accused based on the guilty plea.

What is the role of the Magistrate in this process?

The Magistrate is responsible for recording the plea and determining whether to convict the accused based on that plea.

Example

• Example 1: An accused individual admits to committing a minor offense. The Magistrate records the guilty plea and decides to convict the accused, imposing a fine.
• Example 2: In a case of shoplifting, the accused pleads guilty. The Magistrate records the plea but decides not to convict, offering a warning instead.

Summary

Section 264 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the process for handling cases where the accused pleads guilty. It mandates the recording of the plea and gives the Magistrate the discretion to convict the accused, ensuring a flexible approach to justice based on the circumstances of each case.