Code:
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon
Explanation:
This section deals with the procedure when an accused person pleads guilty to the charges against them. It states that if the accused pleads guilty, the Judge must record this plea and then has the discretion to convict the accused based on this plea alone.
Illustration:
Imagine a person is accused of theft. When presented with the charges in court, they admit to having stolen the item. In this case, the Judge would record the accused’s guilty plea. The Judge then has the authority to convict the accused based on this admission, without the need for a full trial.
Common Questions and Answers:
Q: Does the Judge have to convict the accused if they plead guilty?
- A: No, the Judge has discretion. They may convict the accused, but they also have the option to investigate further or even dismiss the charges if they believe the accused’s plea was not genuine or if there are mitigating circumstances.
Q: What happens if the accused initially pleads guilty but later changes their plea?
- A: If the accused changes their plea before a conviction is recorded, the Judge will typically allow them to withdraw their guilty plea and proceed with a trial. If the plea is changed after conviction, the Judge may set aside the conviction and order a new trial.
