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Section 264 BNSS - Conviction on Plea of Guilty

Section 264 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure when an accused pleads guilty after a charge has been framed in a warrant-case instituted on a police report. It requires the Magistrate to record the plea and gives the Magistrate discretion to convict the accused on that plea.

Key rule: A plea of guilty does not automatically result in conviction. The Magistrate must first record the plea and then may, in the exercise of judicial discretion, convict the accused on that plea.

Text of Section 264 of the BNSS, 2023

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.

Meaning of Section 264 BNSS

Section 264 applies after the charge has been framed and explained to the accused under Section 263 BNSS. If the accused responds by pleading guilty, Section 264 governs what the Magistrate must do next.

1. The Magistrate must record the guilty plea

The word "shall" makes recording the plea mandatory. The plea should therefore form part of the judicial record before any conviction is considered on its basis.

2. Conviction is discretionary

Section 264 uses the word "may" in relation to conviction. This means that even after a guilty plea has been recorded, the Magistrate is not compelled to convict automatically. The court retains judicial discretion to decide whether conviction on the plea is appropriate.

3. The plea follows framing and explanation of charge

Under Section 263 BNSS, the charge must first be read and explained to the accused, who is then asked whether he or she pleads guilty or claims to be tried. Section 264 operates only when the accused elects to plead guilty.

4. If the accused does not plead guilty

Where the accused claims to be tried instead of pleading guilty, the proceeding moves to the prosecution evidence stage under Section 265 BNSS.

Procedure under Sections 263 to 265 BNSS

  1. The Magistrate considers whether a charge should be framed under Section 263 BNSS.
  2. If a charge is framed, it is read and explained to the accused.
  3. The accused is asked whether he or she pleads guilty or claims trial.
  4. If the accused pleads guilty, the Magistrate records the plea under Section 264.
  5. The Magistrate may, in judicial discretion, convict the accused on that plea.
  6. If the accused claims trial, evidence for the prosecution proceeds under Section 265 BNSS.

What does "may, in his discretion, convict" mean?

The statutory wording distinguishes between two separate duties. Recording the plea is mandatory, while conviction is discretionary. The provision therefore preserves a judicial decision-making step between the recording of the accused's plea and the entry of conviction.

Practical point: Section 264 should be read together with Section 263, because the guilty plea contemplated by Section 264 arises only after the charge has been framed, read and explained to the accused.

Difference between Section 264 and Section 265 BNSS

Section 264 deals with the situation where the accused pleads guilty. By contrast, Section 265 BNSS governs the next stage where the accused refuses to plead, does not plead guilty, claims trial, or is not convicted under Section 264. In that situation, the Magistrate proceeds to fix a date for examination of witnesses and the prosecution evidence stage begins.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed July 1, 2024 as the date on which the Sanhita came into force, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Related BNSS provisions

For the complete procedural sequence, readers may also refer to Section 261 - Compliance with Section 230, Section 262 - When accused shall be discharged, Section 263 - Framing of charge, and Section 265 - Evidence for prosecution.