Section 240 CrPC: Framing of charge

Code of Criminal Procedure, 1973

Section 240 CrPC at a Glance

Section 240 CrPC deals with framing of charge. From 1 July 2024 it is replaced by Section 263 BNSS.

Now BNSS

What Section 240 CrPC Says

240. Framing of charge
(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.
(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 240, Code of Criminal Procedure, 1973

Section 240 CrPC in Simple Words

Section 240 of the Code of Criminal Procedure, 1973 applies after such consideration, examination, if any, and hearing.

Under Section 240(1) CrPC, 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.

Under Section 240(2) CrPC, 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 240 CrPC Applies

Section 240(1) CrPC 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 240(1) CrPC, 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.
Under Section 240(2) CrPC, the charge shall then be read and explained to the accused.
Under Section 240(2) CrPC, the accused shall be asked whether the accused pleads guilty of the offence charged or claims to be tried.

Example of Section 240 CrPC

Vikram 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 Vikram 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 240(1) CrPC, the Magistrate shall frame in writing a charge against Vikram. Under Section 240(2) CrPC, the charge shall then be read and explained to Vikram, and Vikram shall be asked whether Vikram pleads guilty of the offence charged or claims to be tried.

When Section 240 CrPC Does Not Apply

Section 240(1) CrPC 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 240(2) CrPC 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 240 CrPC Under BNSS 263: What Changed

Section 240 CrPC is now covered under Section 263 BNSS.

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.

View detailed comparison (CrPC 240 vs BNSS 263) →

FAQs on Section 240 CrPC

When does the Magistrate frame a charge under Section 240 CrPC?▼

Under Section 240(1) of the Code of Criminal Procedure, 1973, 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.

What happens after the charge is framed under Section 240 CrPC?▼

Under Section 240(2) of the Code of Criminal Procedure, 1973, 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.

Is the charge under Section 240 CrPC framed in writing?▼

Yes. Under Section 240(1) CrPC, the Magistrate shall frame in writing a charge against the accused in the case stated in Section 240(1) CrPC.

Where is Section 240 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 240 of the Code of Criminal Procedure, 1973 is found in Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 240(1) CrPC is found in Section 263(1) BNSS and Section 240(2) CrPC in Section 263(2) BNSS. 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.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·