CrPC 228BNSS 251

What changed

• The time limit for framing the charge is added as being within a period of sixty days from the date of first hearing.
• This section also allows charges to be read and explained, to the accused "present either physically or through audio- video electronic means.".

Drafting-ready

Under Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 228 of the Code of Criminal Procedure, 1973)...

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 Ma gistrate, 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.