CrPC 228→BNSS 251

CrPC 228 to BNSS 251: Framing of charge

Section 228 CrPC (1973) replaced by Section 251 BNSS (2023)

View CrPC Section 228 →View BNSS Section 251 →

CrPC 228 to BNSS 251 at a Glance

Section 228 CrPC (Framing of charge) is now Section 251 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 228 to BNSS 251?

Section 228 of the Code of Criminal Procedure, 1973 became Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The renumbering and the omission of the words as the case may be in Section 251(1)(a) BNSS are changes of form, leaving the Magistrate transfer rule unchanged. In substance, Section 251(1)(b) BNSS requires that the Judge shall frame a written charge within a period of sixty days from the date of first hearing on charge, and Section 251(2) BNSS allows the charge to be read and explained to the accused present either physically or through audio-video electronic means.

CrPC 228 vs BNSS 251: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section228251
HeadingFraming of chargeSame
Sub-sections2 sub-sectionsSame

CrPC 228 and BNSS 251: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 228, CrPC 1973

228. 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, as the case may be, 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. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
BNSS 2023 (in force)

Section 251, BNSS 2023

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.

When It Applies: CrPC 228 vs BNSS 251

Under CrPC 228
  1. After completing the preliminary consideration and hearing, the Judge acts under Section 228(1) of the Code of Criminal Procedure, 1973 when the Judge is of opinion that there is ground for presuming that the accused has committed an offence.
  2. When the offence is not exclusively triable by the Court of Session, the Judge may frame a charge against the accused under Section 228(1)(a) CrPC and order the case transferred for trial to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class.
  3. Upon ordering a transfer under Section 228(1)(a) CrPC, the Judge directs the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and that Magistrate shall try the offence using the procedure for warrant-cases instituted on a police report.
  4. When the presumed offence is exclusively triable by the Court of Session, the Judge shall frame in writing a charge against the accused under Section 228(1)(b) CrPC.
  5. Once a charge is framed under Section 228(1)(b) CrPC, the charge shall be read and explained to the accused under Section 228(2) CrPC, and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Under BNSS 251
  1. After completing the preliminary consideration and hearing, the Judge acts under Section 251(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the Judge is of opinion that there is ground for presuming that the accused has committed an offence.
  2. Where the offence is not exclusively triable by the Court of Session, the Judge may frame a charge against the accused under Section 251(1)(a) BNSS and order the case transferred for trial to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class.
  3. When transferring a case under Section 251(1)(a) BNSS, the Judge directs 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 that Magistrate shall try the offence under the procedure for warrant-cases instituted on a police report.
  4. Where the offence is exclusively triable by the Court of Session, the Judge shall frame in writing a charge against the accused under Section 251(1)(b) BNSS.
  5. Where a charge is framed under Section 251(1)(b) BNSS, the charge shall be read and explained under Section 251(2) BNSS 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.

Time Limits: CrPC 228 to BNSS 251

Under CrPC 228

Section 228 CrPC states no time limit.

Under BNSS 251
  • Under Section 251(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence exclusively triable by the Court, the Judge shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.Act text: “within a period of sixty days from the date of first hearing on charge.”

What CrPC 228 to BNSS 251 Means in Practice

From 1 July 2024, the provision on framing of charge in a Court of Session is found in Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 228 of the Code of Criminal Procedure, 1973. For offences exclusively triable by the Court, the Judge shall frame a written charge within sixty days from the date of first hearing on charge and shall have it read and explained to the accused present either physically or through audio-video electronic means.

FAQs: CrPC 228 to BNSS 251

Where is Section 228 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From that date, Section 228 CrPC is found in Section 251 BNSS, with Section 228(1) CrPC in Section 251(1) BNSS and Section 228(2) CrPC in Section 251(2) BNSS. The renumbering from Section 228 CrPC to Section 251 BNSS is a change of form.

Did Section 251 BNSS add a time limit that was not in Section 228 CrPC?▼

Yes. Under Section 228(1)(b) of the Code of Criminal Procedure, 1973, no time limit was stated for framing a charge in offences exclusively triable by the Court of Session. Under Section 251(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Judge shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.

What changed regarding how the charge is read and explained to the accused between Section 228(2) CrPC and Section 251(2) BNSS?▼

Under Section 228(2) of the Code of Criminal Procedure, 1973, the charge had to be read and explained to the accused without any mention of electronic presence. Section 251(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies that the charge shall be read and explained to the accused present either physically or through audio-video electronic means before asking whether he pleads guilty or claims to be tried.

Did the rule for transferring a case to a Magistrate change from Section 228(1)(a) CrPC to Section 251(1)(a) BNSS?▼

No, the rule is unchanged in substance. Section 228(1)(a) of the Code of Criminal Procedure, 1973 and Section 251(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allow the Judge to frame a charge and transfer an offence not exclusively triable by the Court of Session to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class. Section 251(1)(a) BNSS only omits the words as the case may be, which is a change of form.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·