CrPC 240 to BNSS 263: Framing of charge
Section 240 CrPC (1973) replaced by Section 263 BNSS (2023)
CrPC 240 to BNSS 263 at a Glance
Section 240 CrPC (Framing of charge) is now Section 263 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 240 to BNSS 263?
Section 263 BNSS has the same heading as Section 240 CrPC, from 1 July 2024. Section 263(1) BNSS adds the words within a period of sixty days from the date of first hearing on charge. Section 240(1) CrPC has no counterpart to those words. Section 263(2) BNSS has the same words as Section 240(2) CrPC.
CrPC 240 vs BNSS 263: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 240 | 263 |
| Heading | Framing of charge | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 240 and BNSS 263: Bare Act Text Side by Side
Section 240, CrPC 1973
Section 263, BNSS 2023
When It Applies: CrPC 240 vs BNSS 263
- Section 240(1) CrPC applies where, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the Chapter.
- Under Section 240(1) CrPC, where the offence is one which the Magistrate is competent to try and which, in the opinion of the Magistrate, could be adequately punished by the Magistrate, the Magistrate shall frame in writing a charge against the accused.
- Under Section 240(2) CrPC, the charge shall then be read and explained to the accused.
- Under Section 240(2) CrPC, the accused shall be asked whether the accused pleads guilty of the offence charged or claims to be tried.
- Section 263(1) BNSS applies where, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the Chapter.
- Under Section 263(1) BNSS, where the offence is one which the Magistrate is competent to try and which, in the opinion of the Magistrate, could be adequately punished by the Magistrate, the Magistrate shall frame in writing a charge against the accused, within a period of sixty days from the date of first hearing on charge.
- Under Section 263(2) BNSS, the charge shall then be read and explained to the accused.
- Under Section 263(2) BNSS, the accused shall be asked whether the accused pleads guilty of the offence charged or claims to be tried.
Time Limits: CrPC 240 to BNSS 263
Section 240 CrPC states no time limit.
- Under Section 263(1) BNSS, the Magistrate 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 240 to BNSS 263 Means in Practice
FAQs: CrPC 240 to BNSS 263
What words does Section 263(1) BNSS add to Section 240(1) CrPC?▼
Section 263(1) BNSS adds the words within a period of sixty days from the date of first hearing on charge. Section 240(1) CrPC has no counterpart to those words.
Did Section 240(2) CrPC change in Section 263(2) BNSS?▼
Section 263(2) BNSS has the same words as Section 240(2) CrPC. The charge shall then be read and explained to the accused, and the accused shall be asked whether the accused pleads guilty of the offence charged or claims to be tried.
Which BNSS section replaced Section 240 CrPC?▼
From 1 July 2024, Section 240 CrPC is found in Section 263 BNSS. Section 240(1) CrPC is found in Section 263(1) BNSS and Section 240(2) CrPC in Section 263(2) BNSS.
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 ·