Section 251 BNSS: Framing of charge
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 251 BNSS at a Glance
Section 251 BNSS deals with framing of charge. It replaced Section 228 CrPC on 1 July 2024.
Section 251 BNSS Bare Act Text
(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.
Source: Section 251, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 251 BNSS in Simple Words
Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when, after consideration and hearing, the Judge is of opinion that there is ground for presuming that the accused has committed an offence.
For an offence not exclusively triable by the Court of Session, the Judge may frame a charge and transfer the case to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class.
For an offence exclusively triable by the Court, the Judge shall frame a written charge within sixty days from the date of first hearing on charge, explain it to the accused physically or through audio-video electronic means, and ask whether he pleads guilty or claims trial.
When Section 251 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 251 BNSS
- 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.”
Example of Section 251 BNSS
When Section 251 BNSS Does Not Apply
- Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply if, after consideration and hearing, the Judge is not of opinion that there is ground for presuming that the accused has committed an offence.
- The power under Section 251(1)(a) BNSS to transfer a case to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class does not apply when the offence is exclusively triable by the Court of Session.
- The procedure under Section 251(2) BNSS for reading and explaining the charge to the accused and asking for a plea does not apply unless the Judge frames a charge under Section 251(1)(b) BNSS for an offence exclusively triable by the Court.
Section 251 BNSS in the CrPC (Previous Law)
Section 251 BNSS replaced Section 228 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 251 BNSS
What is the time limit for framing a charge under Section 251(1)(b) BNSS?▼
Where the Judge is of opinion that there is ground for presuming that the accused has committed an offence exclusively triable by the Court of Session, Section 251(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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.
Can the charge be read and explained to the accused through electronic means under Section 251(2) BNSS?▼
Yes, Section 251(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows electronic presence when a charge is framed under Section 251(1)(b) BNSS. 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 can a Court of Session transfer a case to a Magistrate under Section 251(1)(a) BNSS?▼
After consideration and hearing, if the Judge is of opinion that there is ground for presuming that the accused has committed an offence that is not exclusively triable by the Court of Session, Section 251(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies. The Judge 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.
How does the Magistrate try a case transferred under Section 251(1)(a) BNSS?▼
When the Judge transfers a case under Section 251(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Judge directs the accused to appear before the Chief Judicial Magistrate or the Judicial Magistrate of the first class on such date as the Judge deems fit. Thereupon, such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report.
What changed from Section 228 CrPC to Section 251 BNSS from 1 July 2024?▼
Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 228 of the Code of Criminal Procedure, 1973 from 1 July 2024. Section 251(1)(b) BNSS adds a requirement that the Judge shall frame a written charge within a period of sixty days from the date of first hearing on charge. Section 251(2) BNSS adds that the charge shall be read and explained to the accused present either physically or through audio-video electronic means.
Section 251 BNSS: Sub-sections Explained
Section 251(1) BNSS: Framing of charge
▶
Bare Act Text
(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.
Section 251(2) BNSS: Framing of charge
▶
Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·