Section 275 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 275 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the conviction of an accused based on a plea of guilty during a trial before a Magistrate.
🧾 Section 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.
⚖️ Key Features
Recording the Plea: The Magistrate is required to record the accused's plea of guilty as accurately as possible, using the exact words spoken by the accused.
Discretionary Conviction: Even if the accused pleads guilty, the Magistrate has the discretion to convict or not convict the accused based on the circumstances of the case.
🔄 Comparison with Indian Penal Code (IPC)
Section 275 of the BNSS is broadly analogous to Section 252 of the Indian Penal Code (CrPC), which governs the conviction of an accused based on a plea of guilty. Both provisions grant the Magistrate the discretion to convict the accused upon a guilty plea, ensuring that the plea is voluntary and informed.
🧭 Key Takeaways
Voluntary Plea: The provision ensures that the accused's plea of guilty is voluntary and not coerced.
Judicial Discretion: It allows the Magistrate to exercise discretion in convicting the accused, considering the nature of the offense and the circumstances surrounding the plea.
Fair Trial: This approach upholds the principles of natural justice, ensuring that convictions are based on informed and voluntary admissions of guilt.
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