Section 253 CrPC: Conviction on plea of guilty in absence of accused in petty cases
Code of Criminal Procedure, 1973
Section 253 CrPC at a Glance
Section 253 CrPC deals with conviction on plea of guilty in absence of accused in petty cases. From 1 July 2024 it is replaced by Section 276 BNSS.
What Section 253 CrPC Says
253. Conviction on plea of guilty in absence of accused in petty cases
(1) 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.
(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 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.
Source: Section 253, Code of Criminal Procedure, 1973
Section 253 CrPC in Simple Words
Section 253 of the Code of Criminal Procedure, 1973 deals with a plea of guilty made without appearing before the Magistrate, where a summons has been issued under Section 206 CrPC. 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 253(2) CrPC also covers a pleader authorised by the accused who pleads guilty on behalf of the accused.
When Section 253 CrPC Applies
- Section 253(1) CrPC applies where a summons has been issued under Section 206 CrPC 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 253(2) CrPC 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 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.
Example of Section 253 CrPC
When Section 253 CrPC Does Not Apply
- Section 253(1) CrPC 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 252 CrPC covers under the heading Conviction on plea of guilty.
- Section 253(2) CrPC 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 254 CrPC covers under the heading Procedure when not convicted.
Section 253 CrPC Under BNSS 276: What Changed
Section 253 CrPC is now covered under Section 276 BNSS.
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.
View detailed comparison (CrPC 253 vs BNSS 276) →FAQs on Section 253 CrPC
How can an accused plead guilty without appearing before the Magistrate under Section 253 CrPC?▼
Under Section 253 of the Code of Criminal Procedure, 1973, where a summons has been issued under Section 206 CrPC 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 253(2) CrPC?▼
Section 253(2) CrPC 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 a pleader plead guilty for the accused under Section 253 CrPC?▼
Yes, 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.
Where is Section 253 CrPC found in the BNSS from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 253(1) CrPC is found in Section 276(1) BNSS and Section 253(2) CrPC in Section 276(2) BNSS. Both carry the heading Conviction on plea of guilty in absence of accused in petty cases.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·