(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.
Bharatiya Nagarik Suraksha Sanhita
Section 276
Conviction on plea of guilty in absence of accused in petty cases
⚡ Quick Answer Reference: Section 276 BNSS
- Provision: Section 276 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: This section allows an accused to plead guilty without appearing in court for petty cases by sending a letter with the plea and fine amount.
What does Section 276 of BNSS say?
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What does Section 276 of BNSS mean?
Plain English Explanation
This section allows an accused to plead guilty without appearing in court for petty cases by sending a letter with the plea and fine amount.
Practical Interpretation
In practice, this section streamlines the process for minor offenses, enabling accused individuals to resolve cases efficiently without needing to appear before a Magistrate.
Core Legal Purpose
The core purpose is to provide a convenient and efficient way for accused individuals to plead guilty and pay fines for minor offenses without requiring a court appearance.
- •A summons must have been issued under section 229.
- •The accused must transmit a letter containing their plea of guilty and the fine amount to the Magistrate.
- •The Magistrate has discretion to convict and sentence based on the plea.
- •An authorized advocate can also plead guilty on behalf of the accused.
Practical Example of Section 276 BNSS
Rajesh receives a summons for a petty offense under section 229. Instead of appearing in court, he decides to plead guilty and sends a letter to the Magistrate with his plea and the specified fine amount. The Magistrate, using discretion, convicts Rajesh in his absence and sentences him to pay the fine, adjusting the amount Rajesh sent towards the fine.
Frequently Asked Questions about Section 276 BNSS
Q: What is the punishment or consequence under Section 276 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It allows for conviction and sentencing based on a guilty plea, with the punishment being the payment of the fine specified in the summons.
Q: Does this section apply to private individuals or public entities?
This section applies to accused individuals, which can include private individuals. There is no specific mention of its applicability to public entities in the provided text.
Q: Is an offence under this section bailable or cognizable?
The provided text does not classify the offense as bailable or cognizable. It focuses on the procedure for pleading guilty in petty cases.
Common Questions about Section 276 BNSS
What is Section 276 of BNSS?
Section 276 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Conviction on plea of guilty in absence of accused in petty cases". In plain terms: This section allows an accused to plead guilty without appearing in court for petty cases by sending a letter with the plea and fine amount.
What is the punishment under Section 276 of BNSS?
Section 276 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 276 of BNSS bailable or non-bailable?
Whether Section 276 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 276 of BNSS?
The essential elements of Section 276 of BNSS are: A summons must have been issued under section 229.; The accused must transmit a letter containing their plea of guilty and the fine amount to the Magistrate.; The Magistrate has discretion to convict and sentence based on the plea..
Landmark Judgments under Section 276 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 276
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