Correct option is D
The correct option is (d) shall record the plea and may in his discretion convict him thereon.
Explanation
According to the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (and previously under the CrPC), when an accused person chooses to plead guilty, the following legal principles apply:
- Mandatory Recording: The use of the word "shall" indicates that the Magistrate or Judge has no choice but to formally record the plea. In summons cases, the law specifically mandates that the plea be recorded "as nearly as possible in the words used by the accused" (Section 275).
- Judicial Discretion: The use of the word "may" regarding the conviction signifies that the court is not bound to convict the person solely because they pleaded guilty. The Magistrate must ensure the plea is voluntary, made with an understanding of the consequences, and that the facts admitted actually constitute an offense under the law. If the Magistrate is not satisfied, they can exercise their discretion to proceed with a full trial instead of convicting immediately.
Information Booster:
The BNSS 2023 provides this specific procedure across different types of trials to ensure uniformity in how admissions of guilt are handled:
| Trial Type | BNSS Section | Specific Provision |
| Sessions Trial | Section 252 | "If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon." |
| Warrant Case | Section 264 | "If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon." |
| Summons Case | Section 275 | "...record the plea as nearly as possible in the words used... and may, in his discretion, convict him." |
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