Section 275 BNSS: Conviction on Plea of Guilty
Section 275 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with conviction when an accused pleads guilty in a summons-case. It requires the Magistrate to record the plea as nearly as possible in the words used by the accused and gives the Magistrate discretion to convict on that plea.
Text of Section 275 BNSS
275. Conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.
Meaning of Section 275 BNSS
Section 275 applies after the particulars of the offence have been stated to the accused under Section 274 BNSS. If the accused then pleads guilty, the Magistrate must make a record of that plea and should reproduce it as nearly as possible in the words actually used by the accused.
Recording the Plea in the Accused's Own Words
The requirement to record the plea in the accused's own words is an important procedural safeguard. It helps the court record show what the accused actually admitted, rather than merely recording a general conclusion that the accused pleaded guilty.
Conviction Is Discretionary
A guilty plea does not make conviction automatic. Section 275 uses the word "may", which means the Magistrate retains discretion whether to convict on the plea. The court must therefore apply judicial discretion before entering a conviction.
Relationship with Section 274 BNSS
Under Section 274, the Magistrate first states the particulars of the offence and asks the accused whether the accused pleads guilty or has any defence to make. Section 275 operates when the response is a plea of guilty. If the Magistrate does not convict under Section 275, the procedure continues under Section 277 BNSS.
Section 275 at a Glance
| Issue | Rule under Section 275 BNSS |
|---|---|
| Trigger | The accused pleads guilty. |
| Duty of Magistrate | Record the plea as nearly as possible in the words used by the accused. |
| Conviction | The Magistrate may, in discretion, convict the accused on the plea. |
| Automatic conviction? | No. The provision expressly leaves conviction to judicial discretion. |
| Related provision | Section 274 for stating the accusation and Section 277 where the accused is not convicted. |
Practical Legal Point
The plea should be clear and properly recorded. The statutory requirement that it be recorded as nearly as possible in the accused's own words is designed to preserve an accurate judicial record of the admission on which a conviction may be based.
Related BNSS Procedure
For petty cases where an accused wishes to plead guilty without personally appearing before the Magistrate, see Section 276 BNSS. If the accused is not convicted under Section 275 or Section 276, the Magistrate proceeds with prosecution and defence evidence under Section 277 BNSS.
Official Resources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is one of the three new criminal laws brought into force from 1 July 2024, subject to the notified exception relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 and its corresponding First Schedule entry.