Chapter XX
Section 253 CrPC: Conviction on plea of guilty in absence of accused in petty cases
New Law Update (2024)
Section 236 BNSS
TRIAL COURT
Magistrate
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Where a summons has been issued under section 206 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 a pleader 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 pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.
Important Sub-Sections Explained
Section 253(1)
This sub-section outlines the process for an accused person in a minor case (where a summons under Section 206 CrPC has been issued) to plead guilty without appearing physically in court. They can send a letter to the Magistrate, either by post or messenger, stating their plea and including the specified fine amount.
Section 253(2)
This sub-section empowers the Magistrate to use their discretion to convict the accused in their absence based on such a plea of guilty and sentence them to pay the specified fine. It also provides for a pleader (lawyer) to plead guilty on behalf of the accused, in which case the Magistrate records the plea and may still convict the accused.
Landmark Judgements
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE AT [City/District]
C.C. No. [Case Number] of [Year]
[Prosecuting Party/State]
VERSUS
[Name of Accused]
Age: [Accused’s Age] years
Son/Daughter/Wife of: [Father’s/Husband’s Name]
Resident of: [Accused’s Address]
ACCUSED
LETTER FOR PLEA OF GUILTY UNDER SECTION 253 OF THE CODE OF CRIMINAL PROCEDURE, 1973
To,
The Hon’ble Judicial Magistrate First Class / Metropolitan Magistrate,
[Court Address]
Most Respectfully Showeth:
1. That the undersigned is the accused in the above-mentioned Criminal Complaint Case bearing C.C. No. [Case Number] of [Year], summoned for an offence under [Specific Section of IPC/Other Law, e.g., Section 279 IPC, Section 184 MV Act].
2. That a summons was duly issued to the undersigned under Section 206 of the Code of Criminal Procedure, 1973, for the said offence.
3. That the undersigned hereby solemnly states that he/she desires to plead guilty to the charge without appearing personally before this Hon’ble Court, in accordance with the provisions of Section 253(1) of the Code of Criminal Procedure, 1973.
4. That the fine specified in the summons for the said offence is Rs. [Amount of Fine]. The undersigned is herewith transmitting the said amount of Rs. [Amount of Fine] along with this letter.
5. That the undersigned understands the consequences of pleading guilty and requests this Hon’ble Court to record the plea of guilty and proceed to convict and sentence him/her in his/her absence, adjusting the transmitted amount towards the fine.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously accept the plea of guilty of the undersigned and convict and sentence him/her in his/her absence, adjusting the fine amount transmitted herewith, as per the provisions of Section 253 of the Code of Criminal Procedure, 1973.
Dated this [Day] day of [Month], [Year]
Place: [City]
[Signature of Accused]
[Name of Accused]
[Contact Number]
[Email Address]
VERIFICATION
I, [Name of Accused], the above-named accused, do hereby verify that the contents of paragraphs 1 to 5 of this letter are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Verified at [City] on this [Day] day of [Month], [Year]
[Signature of Accused]
[Name of Accused]