Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 264
Code: Section 264 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure when an accused pleads guilty to an offense before a Magistrate. It states that if the accused admits their guilt, the Magistrate must record this plea. The Magistrate then has the discretionary power to convict the accused based solely on their guilty plea. This means the Magistrate is not obligated to conduct a full trial to determine the accused’s guilt, but they can rely on the accused’s own admission.
Illustration:
Suppose a person is accused of driving under the influence of alcohol. When brought before the Magistrate, they admit to having consumed alcohol and driving. The Magistrate can, under Section 264, record this guilty plea and proceed to convict the accused without further investigation or trial. However, the Magistrate can also choose to conduct a trial if they have doubts about the accused’s plea or want to explore the circumstances surrounding the offense further.
Common Questions and Answers:
- Q: Does the Magistrate have to convict the accused if they plead guilty?
- A: No, the Magistrate has discretion. While they can convict the accused based on the guilty plea, they are not obligated to do so. They can choose to conduct a trial to gather more information.
- Q: Can the accused withdraw their guilty plea?
- A: Yes, the accused can withdraw their guilty plea before the Magistrate convicts them. However, they must have valid reasons for doing so.
- Q: What happens if the Magistrate doesn’t accept the guilty plea?
- A: If the Magistrate has doubts about the accused’s plea or wants to investigate further, they can reject the plea and proceed with a trial.
