CrPC Sections 251, 252, 253 and 254: Procedure in Summons-Cases Before a Magistrate
Sections 251 to 254 of the Code of Criminal Procedure, 1973 (CrPC) set out the opening stages of a summons-case trial before a Magistrate: stating the substance of accusation, recording a plea of guilty, permitting a guilty plea without personal appearance in specified petty cases, and proceeding with evidence when the accused is not convicted on the plea.
Meaning of a summons-case
A summons-case is a criminal case relating to an offence that is not a warrant-case. In a summons-case, the procedure is comparatively simpler. At the stage governed by Section 251 CrPC, a formal charge is not required; instead, the Magistrate states the particulars of the alleged offence to the accused and asks for the plea.
Section 251 CrPC - Substance of accusation to be stated
When the accused appears or is brought before the Magistrate in a summons-case, the Magistrate must state the particulars of the offence alleged against the accused and ask whether the accused pleads guilty or has a defence. A formal charge need not be framed.
Purpose of Section 251: The provision ensures that the accused understands the accusation before being required to enter a plea. Although the procedure dispenses with a formal charge, the substance and particulars of the alleged offence must still be communicated.
Chhattisgarh State amendment
The page also records the Chhattisgarh amendment to Section 251, under which appearance through electronic video linkage in the presence of the accused's pleader in Court is recognised. The amendment is attributed to Chhattisgarh Act 13 of 2006, Section 6.
Section 252 CrPC - Conviction on plea of guilty
If the accused pleads guilty, the Magistrate must record the plea as nearly as possible in the words used by the accused. The Magistrate may then, in his or her discretion, convict the accused on that plea.
The word "may" is important: a guilty plea does not make conviction mechanically compulsory. The Magistrate records the plea accurately and exercises judicial discretion before convicting on it. Section 275 BNSS is the corresponding provision under the present procedural code.
Section 253 CrPC - Guilty plea in absence of accused in petty cases
Where a summons has been issued under Section 206 CrPC and the accused wishes to plead guilty without appearing personally before the Magistrate, the accused may transmit a letter containing the plea together with the amount of fine specified in the summons.
The Magistrate may convict the accused in absence on that plea and sentence the accused to the specified fine, adjusting the transmitted amount towards it. Where a pleader authorised by the accused pleads guilty on the accused's behalf, the Magistrate records that plea as nearly as possible in the pleader's words and may convict and impose the fine as provided by the section.
This special procedure is confined to the statutory setting for petty offences contemplated by Section 206 CrPC. Under the BNSS, the corresponding provision is Section 276, which refers to summons issued under Section 229 BNSS.
Section 254 CrPC - Procedure when the accused is not convicted
Sub-section (1): If the Magistrate does not convict under Section 252 or Section 253, the Magistrate proceeds to hear the prosecution and take the evidence produced in support of the prosecution, and must also hear the accused and take the evidence produced in defence.
Sub-section (2): On an application by the prosecution or the accused, the Magistrate may issue summons to a witness to attend or to produce a document or other thing.
Sub-section (3): Before summoning a witness on such an application, the Magistrate may require the reasonable expenses of the witness for attending the trial to be deposited in Court.
Section 254 therefore moves the summons-case from the plea stage to the evidentiary stage when no conviction is entered under Sections 252 or 253. Section 277 BNSS is the corresponding provision and substantially carries forward this procedure.
How Sections 251 to 254 work together
- Section 251: the accusation is explained and the accused is asked to plead.
- Section 252: a guilty plea made before the Magistrate may result in conviction.
- Section 253: in specified petty cases, a guilty plea may be made without personal appearance in the manner prescribed.
- Section 254: if there is no conviction on the plea, the case proceeds to prosecution and defence evidence.
CrPC and BNSS transition
The BNSS replaced the CrPC with effect from 1 July 2024. Section 531 BNSS, however, preserves the application of the CrPC to appeals, applications, trials, inquiries and investigations that were pending immediately before commencement, in the manner stated in that savings provision. For current proceedings, the commencement date and the statutory savings clause should therefore be checked before selecting the applicable procedural provision.
This page is an informational explanation of the statutory procedure and should be read with the applicable bare Act, State amendments and orders of the competent court.