Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 274

Substance of accusation to be stated

In one line

BNSS Section 274 deals with substance of accusation to be stated and replaces CrPC 251.

Bare act text — BNSS 274

274. Substance of accusation to be stated.

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge: Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.

What changed from the CrPC

  • CrPC 251 → BNSS 274: The new proviso to Section 274 provides that if the Magistrate considers the accusation groundless, he shall, after recording reasons in writing, release the accused, and such release shall have the effect of discharge.

Frequently asked

What was BNSS Section 274 in the CrPC?

BNSS Section 274 (Substance of accusation to be stated) replaces Section 251 of the Code of Criminal Procedure, 1973. CrPC 251 is now BNSS 274.

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