BNSS Section 275: Plea of Guilty
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 275
Explanation: This section outlines the procedure to be followed when an accused pleads guilty to an offense before a Magistrate. It states that:
- The Magistrate must record the plea of guilt as accurately as possible, using the exact words spoken by the accused.
- The Magistrate has the discretion to convict the accused based solely on the plea of guilt.
Illustration: Suppose a person is accused of theft. When brought before the Magistrate, they say, “Yes, I took the money. I am guilty.” The Magistrate will record this statement verbatim and, if satisfied with the plea, can proceed to convict the individual.
Common Questions & Answers:
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Q: Can the accused change their plea after pleading guilty?
A: Yes, an accused can change their plea before the Magistrate passes judgment. However, the Magistrate has the discretion to accept or reject this change. -
Q: Is the Magistrate obligated to convict the accused if they plead guilty?
A: No, the Magistrate has the discretion to convict or not, even if the accused pleads guilty. This discretion is based on factors like the nature of the offense, the circumstances of the case, and the credibility of the accused’s statement. -
Q: What happens if the accused pleads guilty but later claims they were coerced or misled?
A: If the accused can prove that their plea was not voluntary or was obtained under duress, the Magistrate can set aside the conviction and order a retrial.
