Section 251 of BNSS, 2023 — Framing of Charge

Introduction

Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the framing of charge in a trial before the Court of Session.

After considering the record of the case and hearing the accused and the prosecution, if the Judge is of the opinion that there is ground for presuming that the accused has committed an offence which is triable by the Court of Session, the Judge shall frame a written charge against the accused.

Meaning of Section 251

Section 251 provides that:

• if, after considering the record and documents and hearing the parties, the Judge considers that there is ground for presuming that the accused has committed an offence;
• the Judge shall frame a charge in writing against the accused;
• the charge must be read and explained to the accused;
• the accused is asked whether they plead guilty or claim to be tried.

The provision therefore marks the transition from the preliminary stage of the Sessions trial to the actual trial on the framed charge.

Object and Purpose

The main objectives of Section 251 are:

• To formally define the accusation against the accused.
• To inform the accused of the precise offence alleged.
• To provide the accused an opportunity to plead guilty or claim trial.
• To ensure that the prosecution proceeds only on a legally framed charge.
• To establish the issues that will be determined during the trial.

When Is a Charge Framed?

A charge is framed when, after examining the available material, the Judge finds ground for presuming that the accused has committed an offence that is triable by the Court of Session.

The Judge does not conduct a full trial at this stage.

The Court examines whether there is sufficient basis to proceed with the accusation.

Charge Must Be in Writing

The charge framed by the Judge must be in writing.

This provides certainty about:

• the offence alleged;
• the legal provision involved; and
• the accusation that the accused is required to answer.

Charge Must Be Read and Explained

After the charge is framed, it must be read and explained to the accused.

This is an important safeguard because the accused must understand the exact accusation before being asked to enter a plea.

Plea of the Accused

After the charge is read and explained, the accused is asked whether they:

• plead guilty, or
• claim to be tried.

If the Accused Pleads Guilty

The Court may proceed in accordance with the provisions governing a plea of guilty.

If the Accused Claims Trial

The case proceeds to the stage of prosecution evidence and further trial proceedings.

Standard for Framing Charge

The standard at the stage of framing a charge is not the same as the standard required for conviction.

At this stage, the Court considers whether there is ground for presuming that the accused has committed the offence.

The Court is not required to finally determine the guilt or innocence of the accused at this stage.

Example

Suppose A is committed to the Court of Session for an offence.

After examining the case record and hearing both sides, the Judge finds sufficient material giving rise to a ground for presuming that A committed the alleged offence.

The Judge frames a written charge against A.

The charge is then read and explained to A, who is asked whether A pleads guilty or claims to be tried.

If A claims trial, the prosecution proceeds with its evidence.

Difference Between Discharge and Framing of Charge

Section 250 and Section 251 operate at the same stage but provide different outcomes.

Section 250 — Discharge

Where there is not sufficient ground for proceeding against the accused:

Accused → Discharged

Section 251 — Framing of Charge

Where there is ground for presuming that the accused has committed the offence:

Charge → Framed

Therefore:

Section 250 → No sufficient ground → Discharge

Section 251 → Ground for presuming commission of offence → Charge framed

Relationship with Section 249

Section 249 — Opening Case for Prosecution

The Public Prosecutor opens the case by describing the nature of the charge and the evidence proposed to prove guilt.

Section 250 — Discharge

The accused may seek discharge where there is not sufficient ground for proceeding.

Section 251 — Framing of Charge

Where there is ground for presuming commission of the offence, the Judge frames the charge.

Thus, the sequence is:

Opening of prosecution case → Discharge consideration → Framing of charge → Plea of accused

Importance of Section 251

Framing of charge is an important stage because it formally identifies the accusation that will be tried.

It ensures:

• clarity of the prosecution case;
• notice to the accused;
• proper preparation of defence;
• orderly conduct of the trial; and
• identification of the issues to be determined by the Court.

BNSS and CrPC

Section 251 of the BNSS corresponds to Section 228 of the Code of Criminal Procedure, 1973.

The provision continues the basic principle that where the Sessions Judge finds sufficient ground for presuming that the accused has committed an offence triable by the Court of Session, a written charge shall be framed.

Common Confusions

Does framing of charge mean that the accused is guilty?

No.

Framing a charge only means that the Court finds sufficient ground to proceed with the trial. Guilt must still be established through evidence.

Must the charge be in writing?

Yes.

The charge must be framed in writing.

Must the charge be explained to the accused?

Yes.

The charge must be read and explained to the accused.

What happens after the charge is explained?

The accused is asked whether they plead guilty or claim to be tried.

What happens if there is no sufficient ground to proceed?

The accused may be discharged under Section 250.

Topic at a Glance

• BNSS Section: 251
• Subject: Framing of charge
• Applicable Court: Court of Session
• Decision-maker: Sessions Judge
• Test: Ground for presuming commission of the offence
• Charge: Must be in writing
• Safeguard: Charge must be read and explained to accused
• Plea: Guilty or claims trial
• Related provision: Section 250
• Corresponding CrPC provision: Section 228
• Nature: Procedural stage before trial on merits

Quick Revision

• Section 251 deals with framing of charge in a Sessions trial.
• The Judge considers the record, documents and submissions of the parties.
• If there is ground for presuming that the accused has committed the offence, the Judge frames a written charge.
• The charge must be read and explained to the accused.
• The accused is asked whether they plead guilty or claim to be tried.
• Framing of charge does not mean conviction.
• Section 250 deals with discharge where there is no sufficient ground to proceed.
• Section 251 BNSS corresponds to Section 228 CrPC.

ALSO READ: Section 250 – Discharge

Conclusion

Section 251 of the BNSS provides the procedure for framing a charge in a Sessions trial. When the Judge finds ground for presuming that the accused has committed an offence triable by the Court of Session, a written charge is framed and explained to the accused. The accused is then required to enter a plea of guilty or claim trial. This stage formally defines the accusation that will be examined during the trial.