Section 274 BNSS: Substance of accusation to be stated (Formerly Section 251 CrPC)

Section 274 of Bharatiya Nagarik Suraksha Sanhita, 2023: Substance of accusation to be stated

Official Bare Act Text

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

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 cessary 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.

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

Charge Sec 2(1)(b) Summons-Case Sec 2(1)(u)

Legal Commentary & Landmark Judgments: Section 274

Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for stating the substance of accusation to the accused in summons-cases tried by Magistrates.

Process Issuance & Attendance: Section 274 establishes the simplified procedure for summons-cases: when in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which they are accused shall be stated to them.
Framing & Alteration of Charges: They shall be asked whether they plead guilty or have any defence to make, but it shall not be necessary to frame a formal charge.

Section 274 ensures procedural fairness in summary and summons trials by requiring the court to clearly communicate the precise substance of accusation to the accused.

Key Landmark Precedents:

K.M. Mathew v. State of Kerala (1992) 1 SCC 217: The Supreme Court explained that while a formal charge is dispensed with in summons-cases, stating the substance of accusation is mandatory to inform the accused of the exact case against them.
Subramanium Sethuraman v. State of Maharashtra (2004) 13 SCC 324: Affirmed that once the substance of accusation is stated, the Magistrate must proceed with the trial and cannot drop proceedings or discharge the accused in summons-cases.

Legal Commentary:

Section 274 expedites summary adjudication. However, because there is no formal discharge provision in summons-cases, if the complaint discloses no offence, the accused must approach the High Court under Section 528 for quashing before the Section 274 notice is framed.