Section 251 BNSS: Framing of charge (Formerly Section 240 CrPC)

Section 251 of Bharatiya Nagarik Suraksha Sanhita, 2023: Framing of charge

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Police Report Sec 2(1)(p) Public Prosecutor Sec 2(1)(r) Warrant-Case Sec 2(1)(x)

Legal Commentary & Landmark Judgments: Section 251

Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the formal framing of charges by the Court of Session when a prima facie case is established.

Framing & Alteration of Charges: Section 251 provides that if, after considering the record and hearing the parties, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which is exclusively triable by the Court of Session, they shall frame in writing a charge against the accused.
Chief Judicial Magistrate Appointment: Under sub-section (1)(b), 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 any other competent Magistrate.

Sub-section (2) mandates that the charge shall be read and explained to the accused, who shall be asked whether they plead guilty or claim to be tried.

Key Landmark Precedents:

State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: The Supreme Court held that charge must be framed if there is ground for presuming that the accused has committed the offence; prima facie satisfaction based on grave suspicion is sufficient.
Onkar Nath Mishra v. State (NCT of Delhi) (2008) 2 SCC 561: Affirmed that the framing of charge is a serious judicial determination marking the boundary between suspicion and trial adjudication.

Legal Commentary:

Section 251 establishes the exact contours of the trial. The charge must be drawn with meticulous legal precision, specifying the penal sections, date, time, and overt acts. An erroneous or vague charge prejudice defense strategy and can vitiate the entire trial under Section 238.