Conviction on plea of guilty in absence of accused in petty cases
Section 276 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with conviction on plea of guilty in absence of accused in petty cases. Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appearing before 102 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. The Act came into force on 01 Jul 2024.
(1) Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appearing before 102 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.
Section 276, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 253 Conviction on plea of guilty in absence of accused in petty cases Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Sudarshanacharya vs Purushottamacharya
Decided under Code of Criminal Procedure 253, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal proceedings, while the right to speedy trial is a fundamental component of Article 21 of the Constitution, courts cannot prescribe automatic or mechanical time limits at the end of which criminal trials must be terminated and the accused acquitted or discharged. Courts must exercise discretion based on the totality of circumstances including the conduct of parties, nature of the offence, and whether allowing proceedings to continue would constitute an abuse of process. The inherent powers under Section 482 of the Criminal Procedure Code may be invoked to quash proceedings only when the court is satisfied on material on record that continued proceedings would be an abuse of process or when ends of justice require it. In cases involving criminal breach of trust relating to institutional property, where the accused has engaged in delay tactics through repeated discharge applications and the complainant has demonstrated continued interest in prosecution, the continuation of proceedings does not constitute an abuse of process.
On this section: Court noted this as an available tool for trial courts to effectuate speedy trial.
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 276
What have the courts held on Section 276 of the Bharatiya Nagarik Suraksha Sanhita?
Sudarshanacharya vs Purushottamacharya (04 Sep 2012) is the leading judgment on this section among those set out below, though it was decided under CRPC 253, which this section replaced -- the court never mentioned this Act: Court noted this as an available tool for trial courts to effectuate speedy trial.
How do I find court cases under Section 276 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 276, section 276 BNSS, section 276 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 Sudarshanacharya vs Purushottamacharya (04 Sep 2012).
What should I read with Section 276 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 229 (Special summons in cases of petty offence), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 253 (Conviction on plea of guilty in absence of accused in petty cases), so the judgments decided under that provision are the case law on this one.
When did Section 276 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 276 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 276, 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 15 Oct 2026. This page is not a substitute for legal advice.