Criminal procedure | Updated 18 October 2026

Section 252 CrPC - Conviction on Plea of Guilty

Section 252 of the Code of Criminal Procedure, 1973 governs how a Magistrate records an accused person's guilty plea in a summons case and whether conviction may follow. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 275 BNSS.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings under Section 531 BNSS for specified pending proceedings. The operative language of Section 275 BNSS is the same as Section 252 CrPC.

Text of Section 252 CrPC

Section 252 - Conviction on plea of guilty:

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

Section 275 BNSS - Corresponding Current Provision

Section 275 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Conviction on plea of guilty, retains the same requirement: the Magistrate must record a guilty plea as nearly as possible in the accused's own words and may exercise discretion to convict on that plea. The provision belongs to Chapter XXI, dealing with the trial of summons cases by Magistrates.

Read the official legislation through the Ministry of Home Affairs - New Criminal Laws or the official BNSS text hosted by the Bureau of Police Research and Development.

Meaning and Legal Requirements

1. The plea must be an admission of guilt

A plea of guilty is the accused's admission of the offence alleged. Before acting on it, the Magistrate should ensure that the accusation has been explained and that the plea is clear, voluntary and unambiguous. A qualified or uncertain statement should not automatically be treated as an unequivocal admission of every essential ingredient of the offence.

2. The Magistrate must record the plea in the accused's words

The expression "shall record" imposes a mandatory recording requirement. The phrase "as nearly as possible in the words used by the accused" means that the actual response should be faithfully recorded rather than replaced with a bare, standard-form conclusion that the accused pleaded guilty.

3. Conviction is discretionary, not automatic

The expression "may, in his discretion, convict" means that a guilty plea does not compel conviction. The Magistrate must apply judicial judgment to the plea, the accusation and the applicable law. If the plea is not accepted as a basis for conviction, the case proceeds under the relevant trial provisions.

Procedure in a Summons Case

Statement of accusation: Under Section 251 CrPC or Section 274 BNSS, the Magistrate states the particulars of the alleged offence to the accused. A formal charge is ordinarily unnecessary in a summons case.
Response of accused: The accused is asked whether he or she pleads guilty or has a defence.
Recording: If guilt is admitted, the Magistrate records the plea as nearly as possible in the accused's own words under Section 252 CrPC or Section 275 BNSS.
Judicial decision: The Magistrate decides whether conviction on the plea is legally appropriate.
Further proceedings: Where there is no conviction on the plea, the matter proceeds to hearing and evidence under Section 254 CrPC or Section 277 BNSS, as applicable.

Section 251 CrPC / Section 274 BNSS: These govern stating the substance of accusation and seeking the accused's response. Section 274 BNSS additionally provides for release having the effect of discharge where the Magistrate finds the accusation groundless and records reasons.

Section 253 CrPC / Section 276 BNSS: These separately address a plea of guilty without personal appearance in specified petty cases, subject to statutory conditions.

Section 254 CrPC / Section 277 BNSS: These govern the procedure where the Magistrate does not convict on the guilty plea.

Section 255 CrPC / Section 278 BNSS: These address acquittal or conviction following the trial process.

Which Law Applies After 1 July 2024?

Section 531 BNSS repeals the CrPC while saving specified appeals, applications, trials, inquiries and investigations that were pending immediately before commencement. Those proceedings continue under the CrPC in accordance with the savings clause. The applicable procedural statute should therefore be determined from the status and history of the particular proceeding, not simply from the date on which a hearing occurs.

Frequently Asked Questions

Is conviction compulsory after an accused pleads guilty?

No. Both Section 252 CrPC and Section 275 BNSS use the word "may" for conviction, leaving the Magistrate with judicial discretion.

Does a summons case require a formal charge before a guilty plea?

Ordinarily no. Section 251 CrPC and Section 274 BNSS require the particulars of the accusation to be stated, without a formal charge.

What is the new BNSS section corresponding to Section 252 CrPC?

Section 275 BNSS, titled "Conviction on plea of guilty".

Can the Magistrate merely write "accused pleads guilty"?

The statute requires the plea to be recorded as nearly as possible in the accused's own words. The record should show what the accused actually admitted.

Official Legal Sources

Consult the Ministry of Home Affairs' official new criminal laws page, the BPR&D official criminal law resources, and the India Code legislative database for authoritative statutory texts and amendments.

Legal information is general in nature. Application of the provision depends on the facts, the offence alleged and the governing procedural law.