CrPC 251→BNSS 274

CrPC 251 to BNSS 274: Substance of accusation to be stated

Section 251 CrPC (1973) replaced by Section 274 BNSS (2023)

View CrPC Section 251 →View BNSS Section 274 →

CrPC 251 to BNSS 274 at a Glance

Section 251 CrPC (Substance of accusation to be stated) is now Section 274 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 251 to BNSS 274?

From 1 July 2024, Section 251 of the Code of Criminal Procedure, 1973 is replaced by Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same, and the words before the proviso are the same as in Section 251 CrPC. Section 274 BNSS adds a proviso on release of the accused where the Magistrate considers the accusation as groundless. Section 251 CrPC has no counterpart to that proviso.

CrPC 251 vs BNSS 274: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section251274
HeadingSubstance of accusation to be statedSame

CrPC 251 and BNSS 274: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 251, CrPC 1973

251. 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.
BNSS 2023 (in force)

Section 274, BNSS 2023

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.

When It Applies: CrPC 251 vs BNSS 274

Under CrPC 251
  1. Section 251 CrPC applies in a summons-case when the accused appears or is brought before the Magistrate.
  2. The particulars of the offence of which the accused is accused shall be stated to the accused.
  3. The accused shall be asked whether the accused pleads guilty or has any defence to make.
  4. Section 251 CrPC says that it shall not be necessary to frame a formal charge.
Under BNSS 274
  1. Section 274 BNSS applies in a summons-case when the accused appears or is brought before the Magistrate.
  2. The particulars of the offence of which the accused is accused shall be stated to the accused.
  3. The accused shall be asked whether the accused pleads guilty or has any defence to make.
  4. Section 274 BNSS says that it shall not be necessary to frame a formal charge.
  5. Under the proviso, if the Magistrate considers the accusation as groundless, the Magistrate shall, after recording reasons in writing, release the accused, and such release shall have the effect of discharge.

What CrPC 251 to BNSS 274 Means in Practice

Section 251 CrPC ends with the words that it shall not be necessary to frame a formal charge. Section 274 BNSS adds a proviso: if the Magistrate considers the accusation as groundless, the Magistrate shall, after recording reasons in writing, release the accused, and such release shall have the effect of discharge.

FAQs: CrPC 251 to BNSS 274

Where is Section 251 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 251 CrPC is found in Section 274 BNSS. Neither section has sub-sections, and the heading is the same, Substance of accusation to be stated.

What does the proviso to Section 274 BNSS add to Section 251 CrPC?▼

Section 274 BNSS adds a proviso that Section 251 CrPC does not have. The proviso says that if the Magistrate considers the accusation as groundless, the Magistrate shall, after recording reasons in writing, release the accused, and such release shall have the effect of discharge.

Is the text before the proviso in Section 274 BNSS different from Section 251 CrPC?▼

No. The words before the proviso in Section 274 BNSS are the same as the words of Section 251 CrPC. In both, the particulars of the offence shall be stated to the accused in a summons-case, the accused shall be asked whether the accused pleads guilty or has any defence to make, and it shall not be necessary to frame a formal charge.

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: 21 Oct 2026 ·