Conviction on plea of guilty
Section 264 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. The Act came into force on 01 Jul 2024.
If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
Section 264, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 241 Conviction on plea of guilty Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Adi Malik vs State
Decided under Code of Criminal Procedure 241, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A magistrate cannot record a plea of guilt and convict an accused under Section 241 Cr.P.C. without first complying with the mandatory procedural requirements of Sections 239 and 240 Cr.P.C., which require the magistrate to consider the police report and material and form an opinion that charges should be framed. Failure to comply with these provisions, particularly when coupled with the absence of legal representation for the accused, constitutes a failure of justice that cannot be cured under Section 464 Cr.P.C., and necessitates quashing of the conviction and remittal for fresh proceedings.
On this section: Magistrate's power to record plea of guilt and convict thereon - cannot be exercised without prior compliance with Sections 239 and 240
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 264
What have the courts held on Section 264 of the Bharatiya Nagarik Suraksha Sanhita?
Adi Malik vs State (24 Apr 2019) is the leading judgment on this section among those set out below, though it was decided under CRPC 241, which this section replaced -- the court never mentioned this Act: Magistrate's power to record plea of guilt and convict thereon - cannot be exercised without prior compliance with Sections 239 and 240.
How do I find court cases under Section 264 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 264, section 264 BNSS, section 264 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Adi Malik vs State (24 Apr 2019).
What should I read with Section 264 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 241 (Conviction on plea of guilty), so the judgments decided under that provision are the case law on this one.
When did Section 264 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 264 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 264, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.