Section 276 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 276 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 276
Conviction on plea of guilty in absence of accused in petty cases
Plea by Accused: If a summons has been issued under Section 229 and the accused wishes to plead guilty without appearing before the Magistrate, they must send a letter to the Magistrate by post or messenger. This letter should contain:
The plea of guilty.
The amount of fine specified in the summons.
Magistrate's Discretion: The Magistrate may, at their discretion, convict the accused in their absence based on the plea of guilty and sentence them to pay the fine specified in the summons. The amount transmitted by the accused will be adjusted towards that fine.
Plea by Authorized Advocate: If an advocate authorized by the accused pleads guilty on their behalf, the Magistrate shall record the plea as nearly as possible in the words used by the advocate. The Magistrate may, at their discretion, convict the accused on such a plea and sentence them as aforesaid.
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 276 of the BNSS, 2023, corresponds to Section 253 of the Indian Penal Code (IPC). Both provisions allow for the conviction of an accused in their absence, provided they plead guilty and remit the specified fine.(
🧭 Purpose and Significance
Efficiency in Legal Proceedings: This provision streamlines the legal process for minor offences, allowing for quicker resolutions without the need for the accused's physical presence.
Encouragement of Compliance: By facilitating remote pleas and payments, it encourages individuals to comply with legal obligations promptly.
Flexibility in Representation: Allowing authorized advocates to plead on behalf of the accused provides flexibility and ensures that legal rights are upheld even in the absence of the accused.
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