Section 251 BNSS: Framing of Charge in a Sessions Trial
Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the framing of charge by a Court of Session after the Judge has considered the record and heard the parties at the discharge stage under Section 250 BNSS.
Text and meaning of Section 251 BNSS
Section 251 - Framing of charge.
(1) If, after the consideration and hearing referred to in the preceding provision, the Judge is of the opinion that there is ground for presuming that the accused has committed an offence, the further course depends on whether the offence is exclusively triable by the Court of Session.
(a) If the offence is not exclusively triable by the Court of Session, the Judge may frame a charge and transfer the case for trial to the Chief Judicial Magistrate or another Judicial Magistrate of the first class, directing the accused to appear before that Magistrate on the date fixed. The Magistrate then proceeds according to the procedure for warrant-cases instituted on a police report.
(b) If the offence is exclusively triable by the Court of Session, the Judge shall frame the charge in writing within sixty days from the date of the first hearing on charge.
(2) When a charge is framed under clause (b), it is to be read and explained to the accused, who may be present physically or through audio-video electronic means. The accused is then asked whether he or she pleads guilty or claims trial.
For the verbatim statutory text, use the official India Code or Ministry of Home Affairs links provided below.
When does the Court frame a charge?
The stage under Section 251 follows Section 250 BNSS. If the Judge finds that there is not sufficient ground for proceeding, the accused is discharged under Section 250. If, instead, the material gives rise to a ground for presuming commission of an offence, Section 251 governs the framing of charge and the next procedural step.
The expression "ground for presuming" indicates that the Court is not conducting a final determination of guilt at the charge stage. The Court considers whether the material is sufficient to proceed to trial on the proposed accusation. The final question of guilt or innocence is decided after evidence and trial.
Two situations under Section 251(1)
| Situation | Procedure |
|---|---|
| Offence is not exclusively triable by the Court of Session | The Sessions Judge may frame a charge and transfer the case to the Chief Judicial Magistrate or another Judicial Magistrate of the first class for trial as a warrant-case instituted on a police report. |
| Offence is exclusively triable by the Court of Session | The Judge must frame the charge in writing within sixty days from the date of the first hearing on charge. |
Sixty-day time limit for framing the charge
Section 251(1)(b) expressly requires a written charge to be framed within a period of sixty days from the date of the first hearing on charge where the offence is exclusively triable by the Court of Session. This is an important procedural timeline introduced in the BNSS text.
Reading and explaining the charge to the accused
Under Section 251(2), once a charge is framed for an offence exclusively triable by the Court of Session, the Court must read and explain the charge to the accused. The accused may be present physically or through audio-video electronic means. The Court then asks whether the accused pleads guilty or claims to be tried.
If the accused pleads guilty, the next provision is Section 252 BNSS - Conviction on plea of guilty. If the accused does not plead guilty or claims trial, the matter proceeds toward prosecution evidence under Section 253 BNSS and Section 254 BNSS.
Meaning of "charge" under the BNSS
Section 2(1)(f) of the BNSS states that "charge" includes any head of charge when the charge contains more heads than one. The general rules governing the contents, particulars and alteration of charges appear in Chapter XVIII of the BNSS, including Sections 234 to 247.
Section 251 BNSS and the earlier CrPC provision
Section 251 BNSS broadly occupies the procedural field that was covered by Section 228 of the Code of Criminal Procedure, 1973 for framing of charge in a Sessions trial. The BNSS text expressly introduces a sixty-day period for framing the written charge in cases exclusively triable by the Court of Session and expressly permits the accused to be present through audio-video electronic means when the charge is read and explained.
Official sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF)
- Ministry of Home Affairs - New Criminal Laws
- Gazette notification appointing 1 July 2024 as the commencement date
Frequently asked questions
What is Section 251 BNSS?
It is the provision governing framing of charge by a Court of Session after the consideration and hearing contemplated by Section 250 BNSS.
Within what time must a Sessions charge be framed?
For an offence exclusively triable by the Court of Session, the written charge must be framed within sixty days from the date of first hearing on charge.
Can the charge be explained through video conferencing?
Yes. Section 251(2) allows the accused to be present either physically or through audio-video electronic means when the charge is read and explained.
What happens after the charge is framed?
The accused is asked whether he or she pleads guilty or claims trial. A guilty plea is dealt with under Section 252 BNSS; otherwise, the case proceeds to prosecution evidence under the following provisions.