Section 276 BNSS: Conviction on plea of guilty in absence of accused in petty cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 276 BNSS at a Glance

Section 276 BNSS deals with conviction on plea of guilty in absence of accused in petty cases. It replaced Section 253 CrPC on 1 July 2024.

Was CrPC

Section 253 →

Section 276 BNSS Bare Act Text

(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.

Source: Section 276, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 276 BNSS in Simple Words

Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a plea of guilty made without appearing before the Magistrate, where a summons has been issued under Section 229 BNSS. The accused 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 and sentence him to pay the fine specified in the summons. The amount transmitted shall be adjusted towards that fine.

Section 276(2) BNSS also covers an advocate authorised by the accused who pleads guilty on behalf of the accused.

When Section 276 BNSS Applies

  • Section 276(1) BNSS applies where a summons has been issued under Section 229 BNSS and the accused desires to plead guilty to the charge without appearing before the Magistrate.
  • The accused shall transmit to the Magistrate, by post or by messenger, a letter containing the plea and also the amount of fine specified in the summons.
  • Under Section 276(2) BNSS 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. The amount transmitted by the accused shall be adjusted towards that fine.
  • 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.

Example of Section 276 BNSS

Magistrate Arvind has issued a summons to Kavita under Section 229 BNSS in a petty case. Kavita desires to plead guilty to the charge without appearing before Magistrate Arvind. Kavita sends Magistrate Arvind a letter by post containing the plea and the amount of fine specified in the summons. Under Section 276(2) BNSS, Magistrate Arvind may convict Kavita in Kavita's absence on the plea of guilty and sentence Kavita to pay the fine specified in the summons. The amount Kavita sent is adjusted towards that fine.

When Section 276 BNSS Does Not Apply

  • Section 276(1) BNSS speaks of an accused who desires to plead guilty without appearing before the Magistrate. It does not deal with an accused who appears before the Magistrate and pleads guilty, which Section 275 BNSS covers under the heading Conviction on plea of guilty.
  • Section 276(2) BNSS speaks of conviction on a plea of guilty and a sentence to pay the fine specified in the summons. It does not deal with the hearing of the prosecution and the accused when the Magistrate does not convict, which Section 277 BNSS covers under the heading Procedure when not convicted.

Section 276 BNSS in the CrPC (Previous Law)

Section 276 BNSS replaced Section 253 CrPC from 1 July 2024.

Section 253 of the Code of Criminal Procedure, 1973 is found in Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 276(1) BNSS refers to Section 229 BNSS where Section 253(1) CrPC referred to Section 206 CrPC. Section 276(2) BNSS reads advocate where Section 253(2) CrPC read pleader. The rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 276 BNSS

How can an accused plead guilty without appearing before the Magistrate under Section 276 BNSS?▼

Under Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a summons has been issued under Section 229 BNSS and the accused desires to plead guilty to the charge without appearing before the Magistrate, the accused shall transmit to the Magistrate, by post or by messenger, a letter containing the plea and also the amount of fine specified in the summons.

What may the Magistrate do on the plea under Section 276(2) BNSS?▼

Section 276(2) BNSS says 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. The amount transmitted by the accused shall be adjusted towards that fine.

Can an advocate plead guilty for the accused under Section 276 BNSS?▼

Yes, 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.

What changed from Section 253 CrPC to Section 276 BNSS from 1 July 2024?▼

Section 276 BNSS has the same heading and the same text as Section 253 CrPC, with these differences. Section 276(1) BNSS refers to Section 229 BNSS where Section 253(1) CrPC referred to Section 206 CrPC. Section 276(2) BNSS reads advocate where Section 253(2) CrPC read pleader, in both places where the word appears.

Section 276 BNSS: Sub-sections Explained

Section 276(1) BNSS: Conviction on plea of guilty in absence of accused in petty cases

▶

Bare Act Text

(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.

Previous Law

CrPC 253 → Section 276(1) BNSS

Section 276(2) BNSS: Conviction on plea of guilty in absence of accused in petty cases

▶

Bare Act Text

(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.

Previous Law

CrPC 253(2) → Section 276(2) BNSS

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