If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
Bharatiya Nagarik Suraksha Sanhita
Section 264
Conviction on plea of guilty
Englishहिंदी
⚡ Quick Answer Reference: Section 264 BNSS
- Provision: Section 264 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: If an accused person admits to the crime, the Magistrate records this admission and can choose to find them guilty based on it.
Statutory Content
What does Section 264 of BNSS say?
Indian StandardSection 264, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 264 (India)
Court Pleading StandardSection 264 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/264
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 264 of BNSS mean?
Plain English Explanation
If an accused person admits to the crime, the Magistrate records this admission and can choose to find them guilty based on it.
Practical Interpretation
In practice, this section allows for efficient resolution of cases where the accused acknowledges their guilt, enabling the Magistrate to make a conviction decision without needing a full trial.
Core Legal Purpose
The core purpose is to provide a legal framework for handling cases where the accused pleads guilty, ensuring a straightforward and swift judicial process.
Key Legal Elements
- •The accused must plead guilty.
- •The Magistrate has the discretion to convict.
- •The key legal test is the accused's admission of guilt.
- •There is no explicit exception or limitation stated in this section.
Practical Example
Practical Example of Section 264 BNSS
Rajesh is accused of a minor offense under the Bharatiya Nagarik Suraksha Sanhita. In court, Rajesh decides to plead guilty. The Magistrate records Rajesh's plea and, using their discretion, convicts him based on the admission of guilt. This process allows for a quicker resolution of the case without the need for a lengthy trial.
Common Questions (FAQ)
Frequently Asked Questions about Section 264 BNSS
Q: What is the punishment or consequence under Section 264 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment would depend on the specific offense to which the guilty plea is made.
Q: Does this section apply to private individuals or public entities?
This section applies to any accused person, which could include private individuals, but the text does not specify its applicability to public entities or differentiate between them.
Q: Is an offence under this section bailable or cognizable?
This section does not provide information on whether an offense is bailable or cognizable. Those classifications would depend on the specific offense to which the plea of guilty is made, not on this procedural section itself.
People Also Ask (PAA)
Common Questions about Section 264 BNSS
What is Section 264 of BNSS?
Section 264 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Conviction on plea of guilty". In plain terms: If an accused person admits to the crime, the Magistrate records this admission and can choose to find them guilty based on it.
What is the punishment under Section 264 of BNSS?
Section 264 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 264 of BNSS bailable or non-bailable?
Whether Section 264 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 264 of BNSS?
The essential elements of Section 264 of BNSS are: The accused must plead guilty.; The Magistrate has the discretion to convict.; The key legal test is the accused's admission of guilt..
Landmark Case Laws
Landmark Judgments under Section 264 BNSS
Patnahcucisdb94 High Court (10 8)
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