Section 274 BNSS: Substance of accusation to be stated

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 274 BNSS at a Glance

Section 274 BNSS deals with substance of accusation to be stated. It replaced Section 251 CrPC on 1 July 2024.

Was CrPC

Section 251 →

Section 274 BNSS Bare Act Text

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.

Source: Section 274, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 274 BNSS in Simple Words

Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the 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 the accused is accused shall be stated to the accused, and the accused shall be asked whether the accused pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

The proviso adds 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.

When Section 274 BNSS Applies

  • Section 274 BNSS applies in a summons-case when the accused appears or is brought before the Magistrate.
  • The particulars of the offence of which the accused is accused shall be stated to the accused.
  • The accused shall be asked whether the accused pleads guilty or has any defence to make.
  • Section 274 BNSS says that it shall not be necessary to frame a formal charge.
  • 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.

Example of Section 274 BNSS

Kavita is the accused in a summons-case and appears before the Magistrate. Under Section 274 BNSS, the particulars of the offence of which Kavita is accused shall be stated to Kavita, and Kavita shall be asked whether Kavita pleads guilty or has any defence to make. It shall not be necessary to frame a formal charge. If the Magistrate considers the accusation against Kavita as groundless, the Magistrate shall, after recording reasons in writing, release Kavita, and such release shall have the effect of discharge.

When Section 274 BNSS Does Not Apply

  • Section 274 BNSS speaks of stating the particulars of the offence and asking the accused to plead. It does not deal with conviction on plea of guilty, which is the subject of Section 275 BNSS.
  • Section 274 BNSS speaks of the stage when the accused appears or is brought before the Magistrate. It does not deal with the procedure when the accused is not convicted, which is the subject of Section 277 BNSS.

Section 274 BNSS in the CrPC (Previous Law)

Section 274 BNSS replaces Section 251 CrPC from the old criminal code.

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.

View CrPC Section 251 →

FAQs on Section 274 BNSS

Is a formal charge necessary in a summons-case under Section 274 BNSS?▼

No. Section 274 BNSS says that when in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which the accused is accused shall be stated to the accused, and the accused shall be asked whether the accused pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

What does the proviso to Section 274 BNSS say?▼

The proviso to Section 274 BNSS 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.

Must the Magistrate record reasons in writing before releasing the accused under Section 274 BNSS?▼

Under the proviso to Section 274 BNSS, if the Magistrate considers the accusation as groundless, the Magistrate shall, after recording reasons in writing, release the accused.

What changed from Section 251 CrPC to Section 274 BNSS from 1 July 2024?▼

From 1 July 2024, Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 251 of the Code of Criminal Procedure, 1973. 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: 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. Section 251 CrPC has no counterpart to that proviso.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·