Section 274 BNSS: Substance of Accusation to Be Stated
Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the opening procedure in a summons-case when the accused appears or is brought before the Magistrate. The Magistrate must state the particulars of the alleged offence, ask whether the accused pleads guilty or has any defence to make, and no formal charge is required.
Text of Section 274 BNSS
274. 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:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.
Meaning of Section 274 BNSS
Section 274 governs the stage at which an accused first faces the accusation in a summons-case. Instead of framing a formal written charge, the Magistrate is required to explain the particulars of the offence to the accused and then ask whether the accused pleads guilty or wishes to make a defence.
What Is a Summons-Case?
The BNSS defines a summons-case in Section 2 as a case relating to an offence that is not a warrant-case. This distinction matters because Section 274 applies specifically to summons-cases and permits a simpler procedure than the formal charge procedure generally associated with warrant-cases.
What Must the Magistrate Do?
- Ensure that the accused has appeared or has been brought before the court.
- State the particulars of the offence alleged against the accused.
- Ask whether the accused pleads guilty.
- If the accused does not plead guilty, ask whether the accused has any defence to make.
- A formal charge need not be framed in a summons-case under this provision.
No Formal Charge Is Required
Section 274 expressly says that it is not necessary to frame a formal charge. The requirement is to communicate the particulars of the alleged offence sufficiently to the accused so that the accusation is understood and the accused can decide whether to plead guilty or contest the case.
Groundless Accusation and Discharge
The proviso to Section 274 is an important safeguard. If the Magistrate considers the accusation to be groundless, the Magistrate must record reasons in writing and release the accused. The statute expressly provides that such release has the effect of discharge.
This means that the Magistrate is not required to continue a summons-case merely because an accusation has been brought before the court. Where the accusation has no sufficient foundation in the Magistrate's view, the proviso authorizes termination of the proceeding at that stage, subject to recording written reasons.
Section 274 at a Glance
| Issue | Rule under Section 274 BNSS |
|---|---|
| Type of proceeding | Summons-case |
| Stage | When the accused appears or is brought before the Magistrate |
| What is stated | Particulars of the offence alleged against the accused |
| Question to accused | Whether the accused pleads guilty or has any defence to make |
| Formal charge | Not necessary |
| Groundless accusation | Magistrate shall record reasons in writing and release the accused |
| Effect of release | The release has the effect of discharge |
Practical Legal Point
The proviso to Section 274 creates a distinct screening safeguard in summons-cases. If the Magistrate finds the accusation groundless, written reasons are required and the accused must be released, with the release treated as a discharge.
Related BNSS Procedure
Section 274 begins the summons-case procedure after the accused appears before the Magistrate. The following provisions deal with the next procedural stages, including conviction on a plea of guilty under Section 275 BNSS, plea of guilty in the absence of the accused in petty cases under Section 276 BNSS, and the procedure where the accused is not convicted under Section 277 BNSS.
Official Resources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the corresponding statutory treatment of Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.