Law4u - Made in India

What Is BNSS Section 264?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 264: Conviction on Plea of Guilty

If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.

Brief Detail

This section outlines the procedure when an accused pleads guilty in the Bharatiya Nagarik Suraksha Sanhita, 2023. It states that the Magistrate must record the guilty plea and has the discretion to convict the accused based on that plea.

Question & Answers

What happens if the accused pleads guilty?

If the accused pleads guilty, the Magistrate shall record the plea.

Does the Magistrate have to convict the accused if he pleads guilty?

No, the Magistrate may, in his discretion, convict the accused based on the guilty plea.

What is the role of the Magistrate in this process?

The Magistrate is responsible for recording the plea and determining whether to convict the accused based on that plea.

Example

  • Example 1: An accused individual admits to committing a minor offense. The Magistrate records the guilty plea and decides to convict the accused, imposing a fine.
  • Example 2: In a case of shoplifting, the accused pleads guilty. The Magistrate records the plea but decides not to convict, offering a warning instead.

Summary

Section 264 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the process for handling cases where the accused pleads guilty. It mandates the recording of the plea and gives the Magistrate the discretion to convict the accused, ensuring a flexible approach to justice based on the circumstances of each case.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Arvind Kumar Saroj

Advocate Arvind Kumar Saroj

Anticipatory Bail, Civil, Court Marriage, Divorce, Domestic Violence, Family, High Court, Criminal

Get Advice
Advocate Sumit Nahta

Advocate Sumit Nahta

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Family, Motor Accident, R.T.I, Succession Certificate

Get Advice
Advocate Hardik Agarwal

Advocate Hardik Agarwal

Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family

Get Advice
Advocate Ramesh Chandra Rajgandha

Advocate Ramesh Chandra Rajgandha

Criminal, Divorce, Motor Accident, Property, Civil, Documentation, Domestic Violence, Family, Medical Negligence, Court Marriage, Anticipatory Bail, High Court, R.T.I, Revenue, Cheque Bounce, Child Custody, Consumer Court

Get Advice
Advocate S R Muralidhar

Advocate S R Muralidhar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Muslim Law, Property, Recovery, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Akash Khan

Advocate Akash Khan

Cyber Crime, Domestic Violence, Anticipatory Bail, Cheque Bounce, Criminal, Muslim Law, Divorce, Court Marriage

Get Advice
Advocate Anu Verma

Advocate Anu Verma

Cheque Bounce, Civil, Recovery, Tax, Anticipatory Bail, Divorce, Criminal, Domestic Violence, Family

Get Advice
Advocate Huzefa Tade

Advocate Huzefa Tade

Anticipatory Bail, Banking & Finance, Criminal, Cyber Crime, High Court, Property

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.