Section 263 BNSS: Framing of charge

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 263 BNSS at a Glance

Section 263 BNSS deals with framing of charge. It replaced Section 240 CrPC on 1 July 2024.

Was CrPC

Section 240 →

Section 263 BNSS Bare Act Text

(1) If, 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 this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, 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) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Source: Section 263, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 263 BNSS in Simple Words

Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies after such consideration, examination, if any, and hearing.

Under Section 263(1) BNSS, if the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the Chapter, 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, and the accused shall be asked whether the accused pleads guilty of the offence charged or claims to be tried.

When Section 263 BNSS Applies

  • 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 Under Section 263 BNSS

  • 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”

Example of Section 263 BNSS

Meera is brought before a Magistrate in a case triable under the Chapter. Upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that Meera has committed an offence triable under the Chapter, which the Magistrate is competent to try and which, in the opinion of the Magistrate, could be adequately punished by the Magistrate. Under Section 263(1) BNSS, the Magistrate shall frame in writing a charge against Meera, 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 Meera, and Meera shall be asked whether Meera pleads guilty of the offence charged or claims to be tried.

When Section 263 BNSS Does Not Apply

  • Section 263(1) BNSS speaks of a charge framed in writing where there is ground for presuming that the accused has committed an offence triable under the Chapter. It does not deal with the discharge of the accused.
  • Section 263(2) BNSS speaks of reading and explaining the charge and asking whether the accused pleads guilty or claims to be tried. It does not deal with the conviction of an accused who pleads guilty.

Section 263 BNSS in the CrPC (Previous Law)

Section 263 BNSS replaced Section 240 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 263 BNSS

When does the Magistrate frame a charge under Section 263 BNSS?▼

Under Section 263(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if, 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, 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.

What happens after the charge is framed under Section 263 BNSS?▼

Under Section 263(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.

Within what period is the charge framed under Section 263 BNSS?▼

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.

What changed from Section 240 CrPC to Section 263 BNSS from 1 July 2024?▼

From 1 July 2024, Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 240 of the Code of Criminal Procedure, 1973. Section 263 BNSS has the same heading as Section 240 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. Section 263(2) BNSS has the same words as Section 240(2) CrPC.

Section 263 BNSS: Sub-sections Explained

Section 263(1) BNSS: Framing of charge

▶

Bare Act Text

(1) If, 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 this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.

Previous Law

CrPC 240 → Section 263(1) BNSS

Section 263(2) BNSS: Framing of charge

▶

Bare Act Text

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Previous Law

CrPC 240(2) → Section 263(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·