Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 251
Framing of charge
In one line
BNSS Section 251 deals with framing of charge and replaces CrPC 228.
Bare act text — BNSS 251
251. Framing of charge.
(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which— (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
What changed from the CrPC
- CrPC 228 → BNSS 251: The time limit for framing the charge is added as being within a period of sixty days from the date of first hearing.
- CrPC 228 → BNSS 251: This section also allows charges to be read and explained, to the accused "present either physically or through audio- video electronic means.".
Frequently asked
What was BNSS Section 251 in the CrPC?
BNSS Section 251 (Framing of charge) replaces Section 228 of the Code of Criminal Procedure, 1973. CrPC 228 is now BNSS 251.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 246 — What persons may be charged jointly
- BNSS 247 — Withdrawal of remaining charges on conviction on one of several charges
- BNSS 248 — Trial to be conducted by Public Prosecutor
- BNSS 249 — Opening case for prosecution
- BNSS 250 — Discharge
- BNSS 252 — Conviction on plea of guilty
- BNSS 253 — Date for prosecution evidence
- BNSS 254 — Evidence for prosecution
- BNSS 255 — Acquittal
- BNSS 256 — Entering upon defence
