Section 264 BNSS: Conviction on plea of guilty

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 264 BNSS at a Glance

Section 264 BNSS deals with conviction on plea of guilty. It replaced Section 241 CrPC on 1 July 2024.

Was CrPC

Section 241 →

Section 264 BNSS Bare Act Text

264. Conviction on plea of guilty

If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.

Source: Section 264, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 264 BNSS in Simple Words

Section 264 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.

When Section 264 BNSS Applies

  • Section 264 BNSS applies if the accused pleads guilty.
  • The Magistrate shall record the plea.
  • The Magistrate may, in his discretion, convict the accused on the plea.

Example of Section 264 BNSS

Meera pleads guilty before a Magistrate. The Magistrate shall record the plea and may, in his discretion, convict Meera thereon.

When Section 264 BNSS Does Not Apply

  • Section 264 BNSS speaks of the Magistrate. It does not deal with the Judge recording a plea of guilty, which is the subject of Section 252 BNSS.
  • Section 264 BNSS speaks of an accused who pleads guilty. It does not deal with conviction on a plea of guilty in absence of the accused in petty cases, which is the subject of Section 276 BNSS.

Section 264 BNSS in the CrPC (Previous Law)

Section 264 BNSS replaces Section 241 CrPC from the old criminal code.

From 1 July 2024, Section 241 of the Code of Criminal Procedure, 1973 is found in Section 264 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Conviction on plea of guilty, and the same text. Neither text refers to another section.

View CrPC Section 241 →

FAQs on Section 264 BNSS

What does the Magistrate do if the accused pleads guilty under Section 264 BNSS?▼

The Magistrate shall record the plea and may, in his discretion, convict him thereon.

Must the Magistrate convict on a plea of guilty under Section 264 BNSS?▼

Section 264 BNSS says that the Magistrate shall record the plea and may, in his discretion, convict him thereon. The word may is used for the conviction.

Does Section 264 BNSS state a time limit?▼

No. Section 264 BNSS does not state a period of time.

What changed from Section 241 CrPC to Section 264 BNSS from 1 July 2024?▼

Section 264 BNSS has the same heading, Conviction on plea of guilty, and the same text as Section 241 CrPC. Neither text refers to another section.

Have questions about Section 264 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·