CrPC Section 253 — Conviction on plea of guilty in absence of accused in petty cases

Summary

Sub-section (1) applies when a summons has been issued under section 206 and the accused wants to plead guilty without appearing before the Magistrate. The accused must send the Magistrate, by post or messenger, a letter containing the plea and the fine amount specified in the summons.

Sub-section (2) allows the Magistrate, at their discretion, to convict the accused in their absence on that plea and sentence them to pay the fine specified in the summons. Any amount the accused sent is applied towards that fine. If an authorised pleader pleads guilty for the accused, the Magistrate must record the plea as nearly as possible in the pleader’s own words, and may then, at their discretion, convict the accused and sentence them to pay the fine specified in the summons.

Official Text

(1) Where a summons has been issued under section 206 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 a pleader 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 pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

Sections referred to

• CrPC §206 — Special summons in cases of petty offence

Referred to by

• CrPC §254 — Procedure when not convicted

Old <-> New Code Mapping

• BNSS §276 — Conviction on plea of guilty in absence of accused in petty cases