Section 263 BNSS: Framing of charge (Formerly Section 240 CrPC)

Section 263 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, upon such consideration, examination, if any, and hearing, 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 within a period of sixty days from the date of first hearing on charge.

(2) The charge shall then be read and explained to the accused, and he 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)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Police Report Sec 2(1)(p) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 263

Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the framing of charges by Magistrates in warrant-cases instituted on a police report.

Framing & Alteration of Charges: Section 263 provides that if, upon such consideration, examination, if any, and hearing, 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 their opinion, could be adequately punished by them, they shall frame in writing a charge against the accused.
Core Legal Standard: The charge must be read and explained to the accused, who must be asked whether they plead guilty or have any defense to make.

Key Landmark Precedents:

Sanghi Brothers (Indore) Pvt. Ltd. v. Sanjay Choudhary (2008) 10 SCC 681: The Supreme Court held that charge can be framed even where strong suspicion exists; at this stage, detailed evaluation of defense pleas or appreciation of evidentiary contradictions is impermissible.
State of M.P. v. Mohanlal Soni (2000) 6 SCC 338: Affirmed that the Magistrate must determine if there is a prima facie case on the basis of prosecution records without embarking on a mini-trial.

Legal Commentary:

Section 263 marks the formal crystallization of issues before the Magistrate. If the Magistrate frames a charge under an offence beyond their sentencing jurisdiction or lacking statutory ingredients, the order can be challenged via criminal revision under Section 438.