High Court Issues Guidelines To Be Followed When An Accused Pleads Guilty

Guidelines For Pleading Guilty: Mere lip service or a monosyllabic 'yes', in reply to a pointed question by the court, cannot, under any circumstance, be equated with, or accepted as pleading of guilt by the accused, the court held.

In a ruling, the Kerala High Court has issued guidelines to be adhered to in cases where persons accused of offences plead guilty and such directions include, explanation of the charge by the trial court and also that the 'guilty plea' should be voluntary and unambiguous. Mere lip service or a monosyllabic 'yes', in reply to a pointed question by the court, cannot, under any circumstance, be equated with, or accepted as pleading of guilt by the accused, the court held. Setting aside the conviction of a man by a lower court (for obstructing a procession and assaulting certain volunteers) based on him "pleading guilty," a single bench of the court laid down the norms. Justice VG Arun in the guidelines said the magistrate should frame the charge, specifying the offences alleged against the accused.