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Code of Criminal Procedure, 1973

Section 253

Conviction on plea of guilty in absence of accused in petty cases

Quick Answer Reference: Section 253 CrPC

  • Provision: Section 253 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
  • Summary: This section allows an accused person to plead guilty to a charge without appearing in court. If the accused sends a letter to the Magistrate stating their guilt and the fine they are willing to pay, the Magistrate can convict them in their absence and sentence them to pay the fine.
Statutory Content

What does Section 253 of CrPC say?

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. 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.

Indian StandardSection 253, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 253 (India)
Court Pleading StandardSection 253 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/253

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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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 253 of CrPC mean?

Plain English Explanation

This section allows an accused person to plead guilty to a charge without appearing in court. If the accused sends a letter to the Magistrate stating their guilt and the fine they are willing to pay, the Magistrate can convict them in their absence and sentence them to pay the fine.

Practical Interpretation

In practice, this section is used when the accused is aware of the charges against them and wants to avoid the hassle of appearing in court. They can send a letter to the Magistrate, and if the Magistrate agrees, the accused can be convicted and sentenced without having to appear in court.

Core Legal Purpose

The core purpose of this section is to provide a convenient and efficient way for the accused to plead guilty and be sentenced without having to appear in court, especially in petty cases where the fine is relatively small.

Key Legal Elements
  • A summons has been issued under section 206.
  • The accused desires to plead guilty to the charge without appearing before the Magistrate.
  • The accused transmits a letter to the Magistrate containing their plea and the amount of fine specified in the summons.
  • The Magistrate may convict the accused in their absence on their plea of guilty and sentence them to pay the fine specified in the summons.
Practical Example

Practical Example of Section 253 CrPC

Rajesh, a young man, is accused of a minor traffic offense. He receives a summons under section 206 and decides to plead guilty without appearing in court. He sends a letter to the Magistrate stating his guilt and the fine he is willing to pay. The Magistrate receives the letter and, in their discretion, convicts Rajesh in his absence and sentences him to pay the fine specified in the summons.

Common Questions (FAQ)

Frequently Asked Questions about Section 253 CrPC

Q: What is the punishment or consequence under Section 253 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment. The accused is sentenced to pay the fine specified in the summons.

Q: Does this section apply to private individuals or public entities?

This section applies to private individuals who have been issued a summons under section 206 and desire to plead guilty to the charge without appearing before the Magistrate.

Q: Is an offence under this section bailable or cognizable?

This section does not classify the offense as bailable or cognizable. However, since it is a petty case, the offense is likely to be bailable.

People Also Ask (PAA)

Common Questions about Section 253 CrPC

What is Section 253 of CrPC?

Section 253 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Conviction on plea of guilty in absence of accused in petty cases". In plain terms: This section allows an accused person to plead guilty to a charge without appearing in court. If the accused sends a letter to the Magistrate stating their guilt and the fine they are willing to pay, the Magistrate can convict them in their absence and sentence them to pay the fine.

What is the punishment under Section 253 of CrPC?

Section 253 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 253 of CrPC bailable or non-bailable?

Whether Section 253 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 253 of CrPC?

The essential elements of Section 253 of CrPC are: A summons has been issued under section 206.; The accused desires to plead guilty to the charge without appearing before the Magistrate.; The accused transmits a letter to the Magistrate containing their plea and the amount of fine specified in the summons..

Landmark Case Laws

Landmark Judgments under Section 253 CrPC

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)