Section 246 CrPC: Procedure where accused is not discharged

Code of Criminal Procedure, 1973

Section 246 CrPC at a Glance

Section 246 CrPC deals with procedure where accused is not discharged. From 1 July 2024 it is replaced by Section 269 BNSS.

Now BNSS

Section 269 →

What Section 246 CrPC Says

246. Procedure where accused is not discharged
(1) If, when such evidence has been taken, or at any previous stage of the case, 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 or has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.
(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-examination (if any), they shall also be discharged.

Source: Section 246, Code of Criminal Procedure, 1973

Section 246 CrPC in Simple Words

Section 246 of the Code of Criminal Procedure, 1973 sets out the procedure where an accused is not discharged.

When 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 his opinion, could be adequately punished by him, the Magistrate shall frame in writing a charge against the accused.

Section 246 CrPC then deals with reading and explaining the charge, the plea, cross-examination of the prosecution witnesses whose evidence has been taken, and the evidence of the remaining prosecution witnesses.

When Section 246 CrPC Applies

Under Section 246(1) CrPC, the Magistrate shall frame in writing a charge against the accused if, when such evidence has been taken, or at any previous stage of the case, 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 his opinion, could be adequately punished by him.
Under Section 246(2) CrPC, the charge shall then be read and explained to the accused, and the accused shall be asked whether the accused pleads guilty or has any defence to make.
Under Section 246(3) CrPC, if the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict the accused on it.
Under Section 246(4) CrPC, an accused who refuses to plead, does not plead, claims to be tried, or is not convicted under Section 246(3) CrPC shall be required to state whether the accused wishes to cross-examine any of the prosecution witnesses whose evidence has been taken, and if so, which of them.
Under Section 246(5) CrPC, if the accused says the accused so wishes, the witnesses named by the accused shall be recalled and, after cross-examination and any re-examination, they shall be discharged.
Under Section 246(6) CrPC, the evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and any re-examination, they shall also be discharged.

Time Limits Under Section 246 CrPC

Under Section 246(4) CrPC, the accused shall be required to state at the commencement of the next hearing of the case whether the accused wishes to cross-examine any of the prosecution witnesses whose evidence has been taken.Act text: “at the commencement of the next hearing of the case”
Under Section 246(4) CrPC, if the Magistrate for reasons to be recorded in writing so thinks fit, the accused shall be required to state this forthwith.Act text: “if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith”

Example of Section 246 CrPC

A Magistrate has taken evidence in a case against Ramesh and is of opinion that there is ground for presuming that Ramesh has committed an offence triable under the Chapter, which the Magistrate is competent to try and which, in his opinion, could be adequately punished by him. The Magistrate frames in writing a charge against Ramesh under Section 246(1) CrPC. Under Section 246(2) CrPC, the charge is read and explained to Ramesh, and Ramesh is asked whether Ramesh pleads guilty or has any defence to make. Ramesh claims to be tried. At the commencement of the next hearing of the case, Ramesh states under Section 246(4) CrPC that Ramesh wishes to cross-examine Priya, a prosecution witness whose evidence has been taken. Under Section 246(5) CrPC, Priya is recalled and, after cross-examination and any re-examination, discharged. Under Section 246(6) CrPC, the evidence of Anand, a remaining witness for the prosecution, is next taken.

When Section 246 CrPC Does Not Apply

Section 246 CrPC speaks of the procedure where the accused is not discharged. It does not deal with when the accused shall be discharged, which is the subject of Section 245 CrPC.
Section 246 CrPC speaks of the evidence of the remaining witnesses for the prosecution. It does not deal with the evidence for defence, which is the subject of Section 247 CrPC.

Section 246 CrPC Under BNSS 269: What Changed

Section 246 CrPC is now covered under Section 269 BNSS.

From 1 July 2024, Section 246 of the Code of Criminal Procedure, 1973 is replaced by Section 269 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same, and Section 269(1) BNSS to Section 269(6) BNSS have the same text as Section 246(1) CrPC to Section 246(6) CrPC. Section 269(7) BNSS adds a provision on prosecution witnesses whose attendance cannot be secured for cross-examination. Section 246 CrPC has no counterpart to Section 269(7) BNSS.

View detailed comparison (CrPC 246 vs BNSS 269) →

FAQs on Section 246 CrPC

When shall the Magistrate frame a charge under Section 246 CrPC?▼

Under Section 246(1) CrPC, the Magistrate shall frame in writing a charge against the accused if, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the Chapter. The offence must be one which the Magistrate is competent to try and which, in his opinion, could be adequately punished by him.

Must the Magistrate convict an accused who pleads guilty under Section 246 CrPC?▼

No. Under Section 246(3) CrPC, if the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict the accused on it. Before that, Section 246(2) CrPC requires the charge to be read and explained to the accused, who is asked whether the accused pleads guilty or has any defence to make.

When does the accused have to state which prosecution witnesses the accused wishes to cross-examine under Section 246 CrPC?▼

Section 246(4) CrPC applies where the accused refuses to plead, does not plead, claims to be tried, or is not convicted under Section 246(3) CrPC. The accused shall be required to state, at the commencement of the next hearing of the case, or forthwith if the Magistrate for reasons to be recorded in writing so thinks fit, whether the accused wishes to cross-examine any of the prosecution witnesses whose evidence has been taken, and if so, which of them.

Where is Section 246 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 246(1) CrPC is found in Section 269(1) BNSS, Section 246(2) CrPC in Section 269(2) BNSS, Section 246(3) CrPC in Section 269(3) BNSS, Section 246(4) CrPC in Section 269(4) BNSS, Section 246(5) CrPC in Section 269(5) BNSS and Section 246(6) CrPC in Section 269(6) BNSS. Section 246 CrPC has no counterpart to Section 269(7) BNSS.

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