Section 275 of BNSS, 2023 — Conviction on Plea of Guilty

Introduction

Section 275 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed when an accused pleads guilty in a summons-case.

The provision requires the Magistrate to record the plea of guilty as nearly as possible in the words used by the accused. After recording the plea, the Magistrate has the discretion to convict the accused on that plea.

Thus, a plea of guilty does not mechanically result in conviction. The Magistrate retains judicial discretion to determine whether conviction should follow from the plea.

Meaning of Plea of Guilty

A plea of guilty is an admission by the accused that the accused committed the offence with which the accused is charged.

Under Section 275, when the accused pleads guilty, the Magistrate must accurately record the plea, as nearly as possible using the accused’s own words.

The provision then permits the Magistrate, in the exercise of discretion, to convict the accused on the basis of that plea.

Statutory Basis

Section 275 BNSS provides:

• where the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused; and
• the Magistrate may, in the exercise of discretion, convict the accused on that plea.

Section 275 forms part of Chapter XXI of BNSS, dealing with the trial of summons-cases by Magistrates.

Object and Purpose

The provision provides a simplified procedure where the accused voluntarily admits guilt.

Its main purposes are:

• to ensure that the accused’s admission is accurately recorded;
• to create a clear judicial record of the plea;
• to avoid unnecessary evidence where the Magistrate chooses to act upon the plea; and
• to preserve judicial discretion by making conviction permissive rather than automatic.

Essential Elements

1. The Accused Must Plead Guilty

Section 275 operates only when the accused enters a plea of guilty.

A mere statement that the accused does not wish to contest the case should not automatically be treated as a plea of guilty unless the accused actually admits guilt.

2. The Plea Must Be Recorded

The Magistrate is required to record the plea.

The statutory requirement is that it should be recorded as nearly as possible in the words used by the accused.

This requirement is important because the plea forms the basis on which the Magistrate may choose to convict.

3. Magistrate Has Discretion to Convict

The Magistrate may, in the Magistrate’s discretion, convict the accused on the plea.

Therefore, the section does not create an automatic conviction merely because a plea of guilty has been entered.

4. Conviction Is Based on the Plea

Where the Magistrate chooses to convict under Section 275, the conviction is based upon the plea of guilty recorded before the Court.

The ordinary process of recording the prosecution’s evidence is therefore not necessarily required where the Magistrate accepts the plea and proceeds to conviction.

Procedure

The procedure under Section 275 may be understood as follows:

1. The accused appears before the Magistrate in the summons-case.
2. The substance of the accusation is stated to the accused under Section 274.
3. The accused pleads guilty.
4. The Magistrate records the plea as nearly as possible in the accused’s own words.
5. The Magistrate considers whether to act upon the plea.
6. If the Magistrate exercises the discretion to accept the plea, the accused may be convicted on that basis.
7. If the Magistrate does not convict under Section 275, the proceedings continue under the subsequent procedure applicable to a case where the accused is not convicted.

Powers and Duties of the Magistrate

Section 275 creates both a recording requirement and a discretionary judicial power.

Duty to Record the Plea

The Magistrate shall record the plea as nearly as possible in the words used by the accused.

This is mandatory.

Power to Convict

The Magistrate may, in the Magistrate’s discretion, convict the accused on the plea.

This is discretionary.

The distinction between these two expressions is important: recording the plea is mandatory, whereas conviction upon that plea is discretionary.

Importance of Recording the Accused’s Own Words

The requirement to record the plea as nearly as possible in the accused’s own words protects against an inaccurate or mechanical recording of guilt.

It also helps establish what exactly the accused admitted before the Court.

A properly recorded plea provides a clear basis for understanding whether the accused actually admitted the offence.

Section 275 and Judicial Discretion

A plea of guilty does not compel the Magistrate to convict.

The use of the expression “may, in his discretion” indicates that the Magistrate must exercise judicial discretion before acting upon the plea.

The Magistrate may therefore decide not to convict on the plea and proceed with the case in accordance with the subsequent provisions governing trial where the accused is not convicted.

Important Distinctions

Plea of Guilty and Conviction

A plea of guilty is the accused’s admission before the Court.

Conviction is the judicial finding of guilt.

Section 275 recognises that these are not identical. The accused may plead guilty, but the Magistrate retains discretion whether to convict on that plea.

Section 275 and Section 276

Section 275 deals with conviction on a plea of guilty when the accused appears before the Magistrate.

Section 276 deals specifically with conviction on plea of guilty in the absence of the accused in petty cases.

The two provisions should therefore not be treated as identical.

Section 275 and Section 277

Section 275 provides for possible conviction on a plea of guilty.

Section 277 applies where the Magistrate does not convict under Section 275 or Section 276 and proceeds to hear the prosecution and defence evidence.

BNSS and CrPC

Section 275 BNSS corresponds to Section 252 of the Code of Criminal Procedure, 1973.

The provision has been substantially retained without a material change in its core rule. Under both provisions:

• the accused may plead guilty;
• the Magistrate must record the plea as nearly as possible in the accused’s own words; and
• the Magistrate may, in the exercise of discretion, convict on the plea.

Thus, Section 275 is primarily a renumbering and continuation of the earlier CrPC framework, rather than a substantive procedural change.

Common Confusions

Does a plea of guilty automatically result in conviction?

No.

The Magistrate has discretion whether to convict on the plea.

Must the Magistrate record the plea?

Yes.

The Magistrate shall record the plea as nearly as possible in the words used by the accused.

Can the Magistrate convict without recording the plea?

Section 275 requires the plea to be recorded before conviction is based upon it.

Is Section 275 applicable to all criminal trials?

No.

Section 275 forms part of the procedure for summons-cases tried by Magistrates.

Is pleading guilty the same as being convicted?

No.

A plea is the accused’s admission, while conviction is the Court’s judicial determination based upon the plea.

Topic at a Glance

• Topic: Conviction on plea of guilty
• BNSS Section: Section 275
• Chapter: XXI
• Applies to: Summons-cases
• Authority: Magistrate
• First requirement: Accused pleads guilty
• Recording requirement: Plea must be recorded as nearly as possible in the accused’s own words
• Conviction: May be ordered at the Magistrate’s discretion
• Nature of conviction: Based on the plea of guilty
• Corresponding CrPC provision: Section 252
• Major BNSS change: No material change in the core provision

Quick Revision

• Section 275 BNSS deals with conviction on plea of guilty.
• It operates in the context of summons-cases before a Magistrate.
• The accused must plead guilty.
• The Magistrate shall record the plea.
• The plea should be recorded as nearly as possible in the accused’s own words.
• The Magistrate may, in the exercise of discretion, convict the accused on the plea.
• A plea of guilty does not automatically require conviction.
• Section 276 separately deals with guilty pleas in the absence of the accused in petty cases.
• Section 275 corresponds to Section 252 CrPC.
• The core provision has been substantially retained under BNSS.

ALSO READ: Section 274 – Substance of accusation to be stated

Conclusion

Section 275 BNSS provides a streamlined mechanism for dealing with an accused who admits guilt in a summons-case. Its most important safeguards are the accurate recording of the accused’s own plea and the preservation of the Magistrate’s discretion regarding conviction. The provision therefore facilitates efficient disposal of cases while maintaining judicial control over the decision to convict.