Section 251 CrPC: Substance of accusation to be stated

Code of Criminal Procedure, 1973

Section 251 CrPC at a Glance

Section 251 CrPC deals with substance of accusation to be stated. From 1 July 2024 it is replaced by Section 274 BNSS.

Now BNSS

Section 274 →

What Section 251 CrPC Says

251. 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.

Source: Section 251, Code of Criminal Procedure, 1973

Section 251 CrPC in Simple Words

Section 251 of the Code of Criminal Procedure, 1973 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.

When Section 251 CrPC Applies

  • Section 251 CrPC 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 251 CrPC says that it shall not be necessary to frame a formal charge.

Example of Section 251 CrPC

Ramesh is the accused in a summons-case and appears before the Magistrate. Under Section 251 CrPC, the particulars of the offence of which Ramesh is accused shall be stated to Ramesh, and Ramesh shall be asked whether Ramesh pleads guilty or has any defence to make. It shall not be necessary for the Magistrate to frame a formal charge against Ramesh.

When Section 251 CrPC Does Not Apply

  • Section 251 CrPC 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 252 CrPC.
  • Section 251 CrPC 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 254 CrPC.

Section 251 CrPC Under BNSS 274: What Changed

Section 251 CrPC is now covered under Section 274 BNSS.

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 detailed comparison (CrPC 251 vs BNSS 274) →

FAQs on Section 251 CrPC

Is it necessary for the Magistrate to frame a formal charge under Section 251 CrPC?▼

No. Section 251 CrPC 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, but it shall not be necessary to frame a formal charge.

When shall the particulars of the offence be stated to the accused under Section 251 CrPC?▼

Under Section 251 CrPC, the particulars of the offence of which the accused is accused shall be stated to the accused when in a summons-case the accused appears or is brought before the Magistrate.

What is the accused asked after the particulars of the offence are stated under Section 251 CrPC?▼

Under Section 251 CrPC, after the particulars of the offence are stated, the accused shall be asked whether the accused pleads guilty or has any defence to make.

Where is Section 251 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 251 CrPC has no sub-sections, and maps as a whole to Section 274 BNSS, which has the same heading, Substance of accusation to be stated.

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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: 21 Oct 2026 ·