CrPC Section 253: Conviction on Guilty Plea in Absent Accused for Petty Cases
1. The Code
Section 253 of the Code of Criminal Procedure (CrPC) 1973 deals with the conviction of an accused person on a guilty plea in their absence for petty cases.
2. Explanation
This section allows for the conviction of an accused person on their guilty plea even if they are not present in court, provided that the offense is a “petty” one and certain conditions are met. The purpose of this provision is to streamline the process of handling minor offenses, particularly in situations where the accused’s presence is not essential for a fair trial.
3. Illustration
Let’s say an individual is charged with a minor traffic violation, such as overspeeding. The accused person, despite receiving proper notice, fails to appear in court. If the accused had previously pleaded guilty in writing, or if the court believes, based on the evidence, that the accused is likely to plead guilty, the court can proceed with the conviction even without the accused’s physical presence.
4. Common Questions and Answers
- What are considered “petty” offenses under this section? Petty offenses generally refer to minor offenses that do not carry severe punishment, like traffic violations, minor breaches of peace, or minor property offenses.
- Can the accused be convicted in their absence under Section 253 even if they have not pleaded guilty previously? While the provision allows for conviction in the absence of the accused, the accused must have either previously pleaded guilty in writing or the court must believe, based on the evidence, that the accused is likely to plead guilty.
- What are the procedural requirements for conviction under Section 253? The court must follow specific procedures, including ensuring that the accused has been properly served with notice of the charges, and the court must be satisfied that the accused is likely to plead guilty.
- Does Section 253 apply to all offenses? No, this provision is limited to “petty” offenses. For more serious offenses, the presence of the accused is generally required for a fair trial.
