Criminal procedure in India

Section 253 CrPC: Conviction on Plea of Guilty in Absence of Accused in Petty Cases

Section 253 of the Code of Criminal Procedure, 1973 permitted an accused person, in certain petty summons-cases, to plead guilty without appearing personally before the Magistrate. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 276.

Legal position reviewed: 18 October 2026

Current law: The BNSS came into force on 1 July 2024. Section 276 BNSS generally governs proceedings under the new law, while the repeal-and-savings provision in Section 531 BNSS must be considered for proceedings pending immediately before commencement. The correct procedural law depends on the case history.

Text of Section 253 CrPC, 1973

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.

Section 276 BNSS, 2023: Corresponding provision

Section 276(1) applies when a special summons has been issued under Section 229 BNSS and the accused wishes to plead guilty without appearing before the Magistrate. The accused may send a letter containing the guilty plea and the fine specified in the summons, by post or messenger.

Section 276(2) authorises the Magistrate, at their discretion, to convict the accused in their absence and impose the specified fine, adjusting the amount already transmitted. Alternatively, an advocate specifically authorised by the accused may plead guilty on the accused's behalf. The Magistrate must record that plea as nearly as possible in the advocate's own words and may convict and impose the fine.

The corresponding BNSS text largely preserves the CrPC procedure, replacing the reference to Section 206 CrPC with Section 229 BNSS and using the term advocate in place of pleader.

Meaning and scope of the provision

This is a simplified procedure for disposing of eligible minor criminal matters through a voluntary guilty plea. It is not a general right to avoid court attendance in every criminal case, and it does not require the Magistrate to convict automatically.

What is a petty offence?

For the special-summons procedure, the definition and conditions in Section 229 BNSS (formerly Section 206 CrPC) are relevant. The provision concerns specified fine-only offences and is subject to its statutory limits and exclusions. Not every summons-case qualifies as a petty offence for this purpose.

What does a plea of guilty mean?

A plea of guilty is an admission by the accused of having committed the alleged offence. It can result in conviction and a criminal record. A person who disputes the allegation should not treat payment of the amount stated in the summons as a routine administrative fee.

Procedure for pleading guilty without personal appearance

Check the summons: Confirm that the court issued a special summons under Section 229 BNSS or, where applicable, Section 206 CrPC, and verify the offence and stated fine.
Decide voluntarily: The accused should understand the allegation and the consequences of a guilty plea before choosing this route.
Send the plea and amount: If using the written route, transmit the guilty plea and the specified fine by the method permitted in the summons and the applicable statute or court directions.
Alternatively, authorise an advocate: An advocate specifically authorised for that purpose may plead guilty on the accused's behalf.
Await the Magistrate's order: The Magistrate may accept the plea and convict, but retains discretion. The fine remitted is adjusted if conviction and the specified fine follow.

Magistrate's discretion and safeguards

The statutory phrase "may, in his discretion, convict" means that the Magistrate is not bound to convict merely because a letter or authorised plea is submitted. The court must consider whether the special-summons procedure is applicable and whether the plea is a proper basis for conviction.

If the accused does not plead guilty, or the Magistrate does not convict on the plea, the ordinary summons-case trial procedure may apply under Section 277 BNSS (corresponding to Section 254 CrPC), including hearing the prosecution and defence evidence.

Section 229 BNSS / Section 206 CrPC: Special summons in cases of petty offences.
Section 274 BNSS / Section 251 CrPC: Stating the substance of accusation in a summons-case.
Section 275 BNSS / Section 252 CrPC: Conviction on a plea of guilty made before the Magistrate.
Section 277 BNSS / Section 254 CrPC: Procedure where the accused is not convicted on the guilty plea.
Section 531 BNSS: Repeal and savings, including treatment of certain pending proceedings.

Frequently asked questions

Can an accused plead guilty without attending court?

Yes, in an eligible petty offence covered by a special summons and subject to the procedure and the Magistrate's discretion under Section 276 BNSS or the saved CrPC provision.

Is paying the fine equivalent to admitting guilt?

Under this procedure, the payment accompanies an express guilty plea. The court may convict on that plea; payment alone should not be assumed to dispose of every case.

Can a lawyer plead guilty for the accused?

Section 276(2) BNSS permits an advocate specifically authorised by the accused to enter the plea, which the Magistrate records and may act upon.

Does Section 253 CrPC still apply after July 2024?

The CrPC has been repealed, but Section 531 BNSS preserves the application of the former Code to specified proceedings pending immediately before the BNSS commenced. Check the procedural status of the individual case.

Official legislation and further reading

For the enacted statutory language, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code PDF) and the BNSS text and comparative references published by BPR&D. Readers should verify any subsequent amendments, state-specific provisions and applicable court directions.

Disclaimer: This article is general legal information, not advice on a particular criminal case. The validity and consequences of a guilty plea depend on the summons, offence, applicable law and judicial order.