In a 'summons' trial, an accused pleads guilty under Section 252 of CrPC. After such pleading of guilt, the Magistrate convicts the accused and does not follow the procedure under Section 281 of CrPC. Is the conviction illegal?

Question: In a ‘summons’ trial, an accused pleads guilty under Section 252 of CrPC. After such pleading of guilt, the Magistrate convicts the accused and does not follow the procedure under Section 281 (record of the examination of accused) of CrPC. Is the conviction illegal? Give reasons and refer to the case law, if any, on this point.

Find the answer only on Legal Bites. [In a ‘summons’ trial, an accused pleads guilty under Section 252 of CrPC. After such pleading of guilt, the Magistrate convicts the accused and does not follow the procedure under Section 281 of CrPC. Is the conviction illegal?]

Answer

Section 252 in the Code of Criminal Procedure, 1973 lays down the rule for conviction on a plea of guilty. The provision states that;

“If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.”

In the case when the accused pleads himself guilty of the charges stated against him the magistrate will record each and every word of his plea on the basis of which the accused may be convicted. If the accused pleads himself guilty but the charges made against him do not institute any offence then in such a case mere pleading will not amount to a conviction. In a case, if the plea of guilty is not accepted then it will proceed as per section 254.

Section 281 of the Code of Criminal Procedure makes it clear beyond doubt that while the court of Session and all Magistrates except the Metropolitan Magistrates are required to record in full every question put to, and every answer is given by, the accused, the Metropolitan Magistrate is required to make a memorandum of the substance of the examination of the accused.

Though the provisions of section 281 sub-sections (2) and (5) are mandatory, section 463, Criminal Procedure Code, even permits a court when such statement is tendered or received in evidence, and it is found that the provisions of section 281 of the Criminal Procedure Code have not complied in order to take evidence in regard to the non-compliance of section 281 and if the court gets satisfied that such non-compliance has not injured the accused in his defense on the merits and that he made the statement recorded, admits in evidence. But at the same time, the memorandum prepared by the Metropolitan Magistrates should not be so inadequate as to result in failure of justice. [Lal Biak Sanga v. State 1983 (1) Crimes 517]

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