Section 276 BNSS: Conviction on Plea of Guilty in Absence of Accused in Petty Cases
Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a simplified procedure for specified petty cases where an accused wishes to plead guilty without personally appearing before the Magistrate. It applies where a summons has been issued under Section 229 BNSS and regulates both a written guilty plea sent by the accused and a guilty plea made through an authorised advocate.
Text of Section 276 BNSS
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 an advocate 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 advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.
Meaning of Section 276 BNSS
Section 276 allows an accused in the category covered by a summons issued under Section 229 BNSS to plead guilty without personal appearance before the Magistrate. The provision is intended to avoid unnecessary personal attendance in petty cases while preserving a formal record of the plea and the Magistrate's judicial discretion.
When Does Section 276 Apply?
The provision expressly applies where a summons has been issued under Section 229 BNSS. The accused must also wish to plead guilty without appearing personally before the Magistrate. Section 276 should therefore be read together with Section 229, which governs the special summons procedure for petty offences.
Written Plea by the Accused
Under sub-section (1), an accused who wishes to plead guilty without appearing before the Magistrate must send two things to the Magistrate:
- A letter containing the plea of guilty.
- The amount of fine specified in the summons.
The statute permits the letter and fine to be transmitted by post or by messenger.
Conviction in the Absence of the Accused
Under sub-section (2), the Magistrate may, in discretion, convict the accused in the accused's absence on the written guilty plea and sentence the accused to pay the fine specified in the summons. Any amount already transmitted by the accused is adjusted towards that fine.
Plea of Guilty Through an Authorised Advocate
Section 276 also permits an advocate who has been authorised by the accused for this purpose to plead guilty on behalf of the accused. In that situation, the Magistrate must record the plea as nearly as possible in the words used by the advocate.
After recording the plea, the Magistrate may, in discretion, convict the accused on that plea and impose the sentence contemplated by the provision.
Conviction Is Not Automatic
Both routes under Section 276 preserve the Magistrate's discretion. The use of the word "may" means that a guilty plea submitted without personal appearance does not by itself compel the Magistrate to record a conviction.
Section 276 at a Glance
| Issue | Rule under Section 276 BNSS |
|---|---|
| Applicable summons | A summons issued under Section 229 BNSS. |
| Personal appearance | The accused may plead guilty without appearing personally before the Magistrate. |
| Written plea | The accused sends a letter containing the plea by post or messenger. |
| Fine | The accused also transmits the amount of fine specified in the summons. |
| Adjustment | The amount transmitted is adjusted towards the fine imposed. |
| Advocate plea | An advocate authorised by the accused may plead guilty on the accused's behalf. |
| Recording advocate's plea | The Magistrate records it as nearly as possible in the words used by the advocate. |
| Conviction | Conviction remains within the Magistrate's discretion. |
Practical Legal Point
Section 276 is a special procedural facility, not a general rule dispensing with attendance in every summons-case. Its operation depends on a summons issued under Section 229 and a guilty plea made in one of the modes specifically recognised by the section.
Relationship with Sections 275 and 277 BNSS
Section 275 BNSS deals generally with conviction when an accused personally pleads guilty. Section 276 creates the special procedure for the absence of the accused in the petty cases covered by the provision. If the accused is not convicted under Section 275 or Section 276, the Magistrate proceeds under Section 277 BNSS.
Official Resources
The BNSS was notified as part of India's new criminal-law framework and, subject to the notified exception concerning the corresponding First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023, came into force on 1 July 2024.