Conviction on plea of guilty in absence of accused in petty cases
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Summary
If a person summoned does not want to appear and wishes to plead guilty, they may send the Magistrate a written plea and the fine amount by post or messenger. The Magistrate may, at his discretion, convict the accused in their absence and sentence them to pay the fine, adjusting any amount sent. If an authorised advocate pleads guilty for the accused, the Magistrate will record that plea and may convict and sentence in the same way.
Example
Priya receives a summons for a petty offence. She posts a letter to the Magistrate pleading guilty and includes the fine amount specified in the summons. The Magistrate may convict her in her absence and apply the amount she sent toward the fine. If her authorised advocate had pleaded guilty for her, the Magistrate would record that plea and may likewise convict and sentence her to pay the fine.
Bare Act
Enacted text(1) Where a summons has been issued under section 229 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 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.
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