Section 228 CrPC: Framing of charge
Code of Criminal Procedure, 1973
Section 228 CrPC at a Glance
Section 228 CrPC deals with framing of charge. From 1 July 2024 it is replaced by Section 251 BNSS.
What Section 228 CrPC Says
228. Framing of charge
(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, as the case may be, 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.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Source: Section 228, Code of Criminal Procedure, 1973
Section 228 CrPC in Simple Words
Section 228 of the Code of Criminal Procedure, 1973 sets out what happens after consideration and hearing when the Judge is of opinion that there is ground for presuming that the accused has committed an offence.
If the offence is 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.
If the offence is exclusively triable by the Court, the Judge shall frame a written charge, have it explained, and ask for the plea of the accused.
When Section 228 CrPC Applies
- After completing the preliminary consideration and hearing, the Judge acts under Section 228(1) of the Code of Criminal Procedure, 1973 when the Judge is of opinion that there is ground for presuming that the accused has committed an offence.
- When the offence is not exclusively triable by the Court of Session, the Judge may frame a charge against the accused under Section 228(1)(a) CrPC and order the case transferred for trial to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class.
- Upon ordering a transfer under Section 228(1)(a) CrPC, the Judge directs the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and that Magistrate shall try the offence using the procedure for warrant-cases instituted on a police report.
- When the presumed offence is exclusively triable by the Court of Session, the Judge shall frame in writing a charge against the accused under Section 228(1)(b) CrPC.
- Once a charge is framed under Section 228(1)(b) CrPC, the charge shall be read and explained to the accused under Section 228(2) CrPC, and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Example of Section 228 CrPC
When Section 228 CrPC Does Not Apply
- Section 228 of the Code of Criminal Procedure, 1973 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 228(1)(a) CrPC 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 228(2) CrPC 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 228(1)(b) CrPC for an offence exclusively triable by the Court.
Section 228 CrPC Under BNSS 251: What Changed
Section 228 CrPC is now covered under Section 251 BNSS.
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.
View detailed comparison (CrPC 228 vs BNSS 251) →FAQs on Section 228 CrPC
When does a Judge frame a charge under Section 228 CrPC?▼
A Judge acts under Section 228(1) of the Code of Criminal Procedure, 1973 after the preliminary consideration and hearing in a Court of Session. The provision applies when the Judge is of opinion that there is ground for presuming that the accused has committed an offence. If that offence is exclusively triable by the Court, the Judge shall frame in writing a charge against the accused under Section 228(1)(b) CrPC.
What can the Judge do under Section 228(1)(a) CrPC if the offence is not exclusively triable by the Court of Session?▼
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 228(1)(a) of the Code of Criminal Procedure, 1973 gives the Judge discretion. 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 is a case tried after it is transferred to a Magistrate under Section 228(1)(a) CrPC?▼
When transferring a case under Section 228(1)(a) of the Code of Criminal Procedure, 1973, the Judge directs the accused to appear before the Chief Judicial Magistrate, or, as the case may be, 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 must happen after the Judge frames a charge under Section 228(1)(b) CrPC?▼
Where the Judge frames any charge under Section 228(1)(b) of the Code of Criminal Procedure, 1973 for an offence exclusively triable by the Court, Section 228(2) CrPC sets out the next step. The charge shall be read and explained to the accused, and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Where is Section 228 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision on framing of charge in a Court of Session corresponding to Section 228 CrPC is found in Section 251 BNSS, with Section 228(1) CrPC in Section 251(1) BNSS and Section 228(2) CrPC in Section 251(2) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·