Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 276: Conviction on plea of guilty in absence of accused in petty cases
(1) Where a summons has been issued under section 229 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.
Brief Detail
Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with the procedure for the conviction of an accused person who pleads guilty in their absence in petty cases. It allows the accused to send a plea of guilty to the Magistrate through post or messenger along with the fine amount. The Magistrate has the discretion to convict and sentence the accused without them being physically present. If a pleader is authorized by the accused, they can also plead guilty on the accused's behalf, and the Magistrate may proceed with the conviction as per the plea.
Question & Answers
Q1: What does Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023, cover?
A1: Section 276 addresses the conviction of an accused who pleads guilty in their absence in petty cases, allowing them to submit their plea and fine amount through post or messenger.
Q2: How can an accused plead guilty if they are not present before the Magistrate?
A2: The accused can transmit a letter containing their guilty plea and the fine amount to the Magistrate either by post or by messenger.
Q3: Can the Magistrate convict the accused in their absence?
A3: Yes, the Magistrate has the discretion to convict the accused in their absence if they plead guilty and may sentence them to pay the fine specified in the summons.
Q4: What happens if a pleader pleads guilty on behalf of the accused?
A4: If a pleader is authorized by the accused, they can plead guilty on the accused's behalf. The Magistrate will record the plea as close as possible to the pleader's words and may convict and sentence the accused based on the plea.
Q5: How is the fine amount handled if the accused is convicted in their absence?
A5: The fine amount transmitted by the accused is adjusted towards the fine specified in the summons.
Example
Example 1:
An accused person receives a summons for a petty case but is unable to appear before the Magistrate due to personal reasons. The accused sends a letter to the Magistrate by post, stating their guilty plea along with the fine amount mentioned in the summons. The Magistrate, at their discretion, convicts the accused in their absence and adjusts the fine amount as paid.
Example 2:
A lawyer is authorized by an accused to represent them in a petty case. The lawyer submits a plea of guilty on the accused's behalf, using the words as closely as possible to the accused's intention. The Magistrate convicts the accused in their absence and imposes the fine as stated in the summons.
Summary
Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a legal framework for convicting an accused person in their absence when they plead guilty in petty cases. The accused can submit their plea and fine through post or messenger, and the Magistrate has the discretion to proceed with the conviction. Alternatively, if a pleader is authorized, they may submit the plea on behalf of the accused, and the Magistrate can convict the accused based on that plea.
