Conviction on plea of guilty in absence of accused in petty cases
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Summary
When an accused served with a summons wants to plead guilty without appearing, they may send the Magistrate a written plea and the fine by post or messenger. The Magistrate may, at his discretion, convict the accused in their absence and sentence them to pay the summons fine, adjusting any amount sent. An authorised pleader may similarly plead for the accused.
Example
Ravi receives a summons for a petty offence but cannot attend court. He mails a letter saying he pleads guilty and includes the fine amount specified in the summons. The Magistrate may convict him in his absence and apply the money toward the fine. If Ravi authorises a pleader to plead guilty, the Magistrate can record that plea and convict likewise.
Bare Act
Enacted text(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 in his 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.
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