Section 263 of BNSS, 2023 — Framing of Charge

16 Min Read

Introduction

Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the framing of charge in a warrant-case instituted on a police report before a Magistrate.

Contents

Framing of charge is an important stage of a criminal trial. It is the stage at which the Court formally identifies the offence for which the accused is required to stand trial.

The Court does not decide the guilt or innocence of the accused at this stage. Instead, it determines whether there is sufficient ground to proceed with the trial on the alleged offence.

Meaning of Section 263

Section 263 provides that if, after considering the police report, documents, examination of the accused where necessary, and hearing the prosecution and the accused, the Magistrate is of the opinion that:

there is ground for presuming that the accused has committed an offence which is triable under the relevant provisions,

the Magistrate shall frame a charge against the accused.

The charge must then be:

  • read and explained to the accused; and
  • the accused is asked whether they plead guilty or claim to be tried.

In simple terms:

Material considered → Ground to presume offence → Charge framed → Charge read and explained → Plea of accused

Object and Purpose of Section 263

The main objectives of Section 263 are:

  • To formally inform the accused of the offence they are required to face.
  • To identify the specific allegations that will be tried.
  • To ensure that the accused understands the case against them.
  • To determine whether the case should proceed to trial.
  • To prevent an accused from being tried without a clearly defined charge.
  • To provide a proper foundation for the subsequent evidence and trial.

When Does Section 263 Apply?

Section 263 applies after the Court has considered the material relevant to the case and has decided that the accused should not be discharged under Section 262.

The general sequence is:

Section 261 → Compliance with Section 230

↓

Section 262 → Consideration of discharge

↓

Section 263 → Framing of charge

Thus, Section 263 is closely connected with Section 262.

What Does the Magistrate Consider?

Before framing the charge, the Magistrate considers the material placed before the Court.

This includes:

  • the police report;
  • documents accompanying the police report;
  • material available in the case;
  • examination of the accused, where considered necessary;
  • submissions made by the prosecution; and
  • submissions made by the accused.

The Magistrate then determines whether there is sufficient ground for presuming that the accused has committed the offence.

Meaning of “Ground for Presuming”

The expression “ground for presuming” is important.

At the stage of framing of charge, the Magistrate is not required to determine whether the accused will ultimately be convicted.

The question is whether the material placed before the Court provides a sufficient basis to proceed against the accused for the alleged offence.

Therefore:

Framing of charge ≠ Finding of guilt

It simply means that the Court finds sufficient grounds to require the accused to face trial for the alleged offence.

No Final Determination of Guilt

The framing of a charge does not mean that the accused has been found guilty.

The accused continues to have the right to defend themselves during the trial.

The prosecution will still have to establish its case in accordance with law.

Therefore:

Charge framed → Trial continues

Trial completed + Guilt established → Conviction

When Charge Shall Be Framed

The Magistrate shall frame a charge where, after considering the relevant material, there is ground for presuming that the accused has committed an offence.

The Court must identify the offence for which the accused is required to stand trial.

The charge should therefore clearly communicate the allegation to the accused.

Contents of the Charge

The charge must contain the necessary particulars of the alleged offence.

The purpose is to ensure that the accused knows:

  • what offence is alleged;
  • the legal nature of the accusation;
  • the relevant circumstances of the alleged offence; and
  • the case that they are required to answer.

The detailed requirements regarding the contents and particulars of charges are dealt with in the provisions relating to charges.

Reading and Explaining the Charge

Once the charge has been framed, it must be read and explained to the accused.

This is an important procedural safeguard.

The accused must be made aware of the accusation before being asked to respond to it.

The Court then asks the accused whether they:

  • plead guilty, or
  • claim to be tried.

Plea of Guilty

After the charge is read and explained, the accused may plead guilty.

A plea of guilty means that the accused admits the offence charged.

The consequences of a plea of guilty are dealt with under the applicable subsequent provisions.

Therefore, the sequence is:

Charge framed → Charge explained → Accused’s plea → Further proceedings

Claiming Trial

If the accused does not plead guilty and instead claims to be tried, the case proceeds through the trial process.

The prosecution then presents its evidence, and the accused gets the opportunity to defend the case according to law.

Thus:

Plea of not guilty → Trial → Evidence → Defence → Arguments → Judgment

Example

Suppose A is accused of committing an offence.

The police submit a report along with supporting documents.

After receiving the documents, A applies for discharge under Section 262.

The Magistrate hears both sides and concludes that the charge is not groundless and that there is sufficient ground for presuming that A committed the alleged offence.

The Magistrate therefore frames the charge.

The charge is then read and explained to A.

A does not admit the offence and claims to be tried.

The case then proceeds to the evidence stage.

Another Example

Suppose B is accused of an offence.

After considering the police report and other material, the Magistrate finds that there is no sufficient basis to presume that B committed the alleged offence.

In such a situation, the Magistrate may discharge B under Section 262 rather than frame a charge.

Therefore:

Groundless charge → Section 262 → Discharge

Where there is sufficient ground to presume commission of the offence:

Section 263 → Charge framed

Difference Between Discharge and Framing of Charge

DischargeFraming of Charge
Governed by Section 262Governed by Section 263
Charge is considered groundlessThere is ground for presuming commission of offence
Accused is released from that proceeding at this stageAccused must face trial
Occurs before charge is framedMarks commencement of the formal charge-based trial
No trial on the charge proceedsTrial proceeds after charge

Difference Between Framing of Charge and Conviction

Framing of Charge

The Court finds sufficient grounds to proceed with the trial.

Conviction

After the trial, the Court finds that the prosecution has established the guilt of the accused according to law.

Therefore:

Framing of charge = Beginning of charge-based trial

Conviction = Finding of guilt after trial

Importance of Framing of Charge

Framing of charge is important because it gives structure to the criminal trial.

It:

  • informs the accused of the allegations;
  • defines the scope of the trial;
  • identifies the offence to be proved;
  • allows the accused to prepare a defence;
  • prevents the accused from being taken by surprise; and
  • provides a clear basis for recording evidence.

Relationship with Section 262

Section 262 and Section 263 should be studied together.

Section 262

The Magistrate considers whether the accused should be discharged.

If the charge is groundless, the accused is discharged.

Section 263

If there is ground for presuming that the accused committed the offence, the Magistrate frames the charge.

Easy Formula

Groundless → Discharge

Ground to presume offence → Charge

Relationship with Section 264

Section 263 deals with framing of charge.

After the charge is framed, the accused is asked whether they plead guilty or claim to be tried.

The subsequent provision deals with the consequences of the accused’s plea.

Therefore:

Section 263 → Charge framed

Next stage → Plea of accused

Charge Must Be Communicated Clearly

The accused must be given a clear understanding of the charge.

This is necessary because an accused cannot effectively defend themselves without knowing the precise accusation they are required to answer.

The reading and explanation of the charge therefore serve an important purpose in ensuring a fair trial.

Court’s Role at the Charge Stage

The Magistrate must apply judicial consideration before framing a charge.

The Court should not mechanically frame charges merely because a police report has been filed.

The Magistrate must examine the relevant material and determine whether there is sufficient basis to proceed.

At the same time, the Court does not conduct a detailed trial or finally determine the credibility of every witness at this stage.

Important Principle

The framing of charge is based on whether there is ground for presuming commission of the offence, not whether guilt has already been conclusively established.

This distinction is essential.

At the Charge Stage

Is there sufficient basis to proceed?

At the Judgment Stage

Has guilt been proved according to law?

Practical Importance

Section 263 balances two competing interests:

Protection of the Accused

The accused must not be subjected to a trial without sufficient grounds.

Administration of Criminal Justice

Where there is sufficient basis to proceed, the case should move forward so that evidence can be tested during trial.

Thus, the section acts as an important filter between the preliminary stage and the actual trial.

BNSS and CrPC

Section 263 of the BNSS corresponds broadly to Section 240 of the Code of Criminal Procedure, 1973.

The provision continues the established principle that in a warrant-case instituted on a police report, the Magistrate frames a charge where there is ground for presuming that the accused has committed an offence.

Common Confusions

Does framing a charge mean that the accused is guilty?

No.

It only means that the Court finds sufficient grounds for proceeding with the trial.

Can the accused be discharged instead of being charged?

Yes.

If the Magistrate considers the charge to be groundless, Section 262 provides for discharge.

What happens after the charge is framed?

The charge is read and explained to the accused, who is asked whether they plead guilty or claim to be tried.

Can the accused claim trial?

Yes.

If the accused does not plead guilty, the accused may claim to be tried and the case proceeds according to the applicable trial procedure.

Is a full trial conducted while framing the charge?

No.

The Court is determining whether there is sufficient ground to proceed, not finally deciding guilt.

Topic at a Glance

  • BNSS Section: 263
  • Subject: Framing of charge
  • Court: Magistrate
  • Type of case: Warrant-case instituted on a police report
  • Relevant previous stage: Discharge under Section 262
  • Test: Ground for presuming commission of an offence
  • Result: Charge framed
  • After framing: Charge is read and explained to accused
  • Accused’s response: Pleads guilty or claims to be tried
  • Purpose: Define the accusation and commence the charge-based trial
  • Related provision: Section 262
  • Corresponding CrPC provision: Section 240

Quick Revision

  • Section 263 deals with framing of charge.
  • It applies to a warrant-case instituted on a police report before a Magistrate.
  • The Magistrate considers the police report, accompanying documents and submissions of both sides.
  • If there is ground for presuming that the accused committed an offence, the Magistrate frames the charge.
  • The charge is then 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 that the accused is guilty.
  • If the charge is groundless, the accused may be discharged under Section 262.
  • Section 263 BNSS corresponds to Section 240 CrPC.

One-Line Exam Answer

Section 263 BNSS provides that where, after considering the police report, documents and submissions of both sides, the Magistrate finds ground for presuming that the accused has committed an offence, the Magistrate shall frame a charge, read and explain it to the accused, and ask whether the accused pleads guilty or claims to be tried.

ALSO READ: Section 262 – When accused shall be discharged

Conclusion

Section 263 of the BNSS marks a crucial stage in a warrant-case instituted on a police report. After considering the relevant material and hearing both sides, the Magistrate frames a charge where there is sufficient ground for presuming that the accused committed the alleged offence. The charge is then read and explained to the accused, who is required to respond by pleading guilty or claiming to be tried. The provision therefore formally defines the accusation and allows the criminal trial to proceed.

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Section 334 – Previous conviction or acquittal how proved
Section 334 – Previous Conviction or Acquittal How Proved
BNSS Notes
Section 333 – Authorities before whom affidavits may be sworn
Section 333 – Authorities Before Whom Affidavits May Be Sworn
BNSS Notes
# Section 332 – Evidence of Formal Character on Affidavit ## Introduction Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with evidence of a formal character being given by affidavit. The provision allows a person whose evidence is of a formal character to give such evidence by affidavit. The affidavit may then be read as evidence in an inquiry, trial or other proceeding under the BNSS, subject to all just exceptions. The provision also protects the rights of the prosecution and the accused by allowing the Court to summon and examine the person who has given the affidavit. ## Meaning of Evidence of Formal Character Evidence of a formal character refers to evidence relating to matters that are formal, routine or official in nature and which generally do not require extensive oral examination. Section 332 provides a simplified method of presenting such evidence through an affidavit instead of requiring the person to appear personally before the Court in every case. The main purpose is to reduce unnecessary delay and formalities in criminal proceedings. ## Statutory Basis **Section 332, BNSS, 2023 – Evidence of formal character on affidavit** The section provides that: * A person whose evidence is of a formal character may give that evidence by affidavit. * The affidavit may be read as evidence in an inquiry, trial or other proceeding. * The Court may summon and examine the person concerning the facts stated in the affidavit. * The Court shall summon and examine the person when the prosecution or the accused applies for such examination. ## Essential Elements ### 1. Evidence Must Be of a Formal Character The provision applies where the evidence of the concerned person is of a formal character. It is not intended to replace ordinary oral evidence in every criminal case. ### 2. Evidence May Be Given by Affidavit The person may provide the formal evidence in the form of an affidavit. This avoids the necessity of personal appearance merely for proving formal matters. ### 3. Affidavit May Be Read in Evidence The affidavit may be read as evidence in: * an inquiry; * a trial; or * any other proceeding under the BNSS. However, the affidavit is subject to all just exceptions. ### 4. Court May Summon the Deponent The Court may, if it thinks fit, summon and examine the person who made the affidavit concerning the facts stated in it. ### 5. Court Shall Summon on Application If the prosecution or the accused applies for the examination of the person who made the affidavit, the Court shall summon and examine that person concerning the facts contained in the affidavit. ## Procedure The procedure under Section 332 can be understood as follows: 1. A person has evidence of a formal character relevant to a criminal proceeding. 2. The person gives the evidence by affidavit. 3. The affidavit is placed before the Court. 4. The affidavit may be read as evidence, subject to all just exceptions. 5. The Court may itself decide that the deponent should be summoned and examined. 6. If the prosecution or accused applies for examination, the Court shall summon the deponent. 7. The Court examines the person concerning the facts stated in the affidavit. 8. The Court considers the affidavit and any examination of the deponent along with the other evidence. ## Purpose of Section 332 The main objectives of Section 332 are: * to reduce unnecessary personal attendance of witnesses; * to simplify proof of formal matters; * to save judicial time; * to reduce procedural delays; * to facilitate speedy disposal of criminal proceedings; and * to preserve the right of the prosecution and accused to seek examination of the deponent. ## Powers of the Court Section 332 gives the Court both discretionary and mandatory powers. ### Discretionary Power The Court may summon and examine the person who has given the affidavit if it thinks fit. This allows the Court to obtain clarification or further information whenever necessary. ### Mandatory Power When the prosecution or accused applies for examination of the deponent, the Court shall summon and examine that person concerning the facts contained in the affidavit. Therefore, both sides have the right to seek examination of the person whose affidavit is being relied upon. ## Rights of the Accused The accused has an important safeguard under Section 332. If the accused wishes to examine the person who has given the affidavit, the accused may apply to the Court. Upon such application, the Court is required to summon and examine the person concerning the facts contained in the affidavit. ## Rights of the Prosecution The prosecution has the same right. If the prosecution considers examination of the deponent necessary, it may apply to the Court. The Court shall then summon and examine the person concerning the facts stated in the affidavit. ## Meaning of "Subject to All Just Exceptions" The affidavit may be read in evidence subject to all just exceptions. This means that Section 332 does not override the general rules governing admissibility of evidence. The filing of an affidavit does not automatically make every statement contained in it admissible or conclusive. The Court must still consider the applicable rules of evidence. ## Important Distinctions ### Formal Evidence and Substantive Evidence Formal evidence generally concerns routine or official matters. Substantive evidence may concern disputed facts requiring detailed examination. Section 332 specifically deals with evidence of a **formal character**. ### Affidavit and Oral Evidence Section 332 allows formal evidence to be presented through an affidavit. However, the person may still be summoned and examined by the Court. This is especially important when the prosecution or accused requests examination. ### Section 331 and Section 332 These two provisions should not be confused. **Section 331:** Deals specifically with affidavit in proof of the conduct of public servants where allegations concerning a public servant are made in an application. **Section 332:** Deals generally with evidence of a formal character being given by affidavit. Therefore, Section 332 is broader and is not limited to public servants. ## Relationship with Section 333 Section 333 BNSS deals with the authorities before whom affidavits may be sworn or affirmed. The provisions can be remembered together: * **Section 331:** Affidavit in proof of conduct of public servants. * **Section 332:** Evidence of formal character on affidavit. * **Section 333:** Authorities before whom affidavits may be sworn. ## BNSS and CrPC Section 332 of the BNSS corresponds to **Section 296 of the Code of Criminal Procedure, 1973**. The basic principle has been substantially retained. Both provisions provide for: * evidence of a formal character by affidavit; * reading of the affidavit as evidence; * the Court's power to summon and examine the deponent; and * mandatory examination when the prosecution or accused applies. ## Relationship with BSA The BNSS deals with criminal procedure, while the Bharatiya Sakshya Adhiniyam, 2023 deals with the law of evidence. Section 332 provides the procedural mechanism for presenting formal evidence through an affidavit. It does not mean that every fact stated in the affidavit automatically becomes admissible or conclusive. The relevance, admissibility and evidentiary value of the material continue to be determined according to the applicable law of evidence. ## Example Suppose an officer has to provide formal evidence concerning an official record in a criminal proceeding. Instead of requiring the officer to personally appear before the Court merely to establish the formal facts, the officer may provide the evidence through an affidavit under Section 332. The affidavit may be read as evidence. If the accused considers examination of the officer necessary, the accused may apply to the Court. The Court shall then summon and examine the officer concerning the facts contained in the affidavit. ## Common Confusions ### Does every witness have the right to give evidence by affidavit? **No.** Section 332 applies specifically to a person whose evidence is **of a formal character**. ### Can the Court refuse to examine the deponent when the accused applies? **No.** When the accused or prosecution applies for examination, the Court shall summon and examine the person concerning the facts contained in the affidavit. ### Does filing an affidavit mean that the deponent can never be examined? **No.** The Court may summon and examine the deponent, and examination becomes mandatory when the prosecution or accused applies. ### Is Section 332 limited to public servants? **No.** Section 332 applies to a person whose evidence is of a formal character. Section 331 specifically concerns allegations relating to public servants. ## Topic at a Glance * **Topic:** Evidence of Formal Character on Affidavit * **BNSS Section:** Section 332 * **Nature:** Procedural provision concerning affidavit evidence * **Relevant person:** Person whose evidence is of a formal character * **Mode of evidence:** Affidavit * **Use:** Affidavit may be read as evidence * **Limitation:** Subject to all just exceptions * **Court's power:** May summon and examine the deponent * **Application by prosecution or accused:** Court shall summon and examine the deponent * **CrPC Equivalent:** Section 296, CrPC, 1973 ## Quick Revision * Section 332 BNSS deals with **evidence of formal character on affidavit**. * Evidence of a formal character may be given by affidavit. * The affidavit may be read as evidence in an inquiry, trial or other proceeding. * The affidavit is subject to **all just exceptions**. * The Court may summon and examine the person who gave the affidavit. * The Court **shall** summon and examine the person when the **prosecution or accused applies**. * Section 332 is not restricted to public servants. * Section 331 deals specifically with affidavits concerning the conduct of public servants. * Section 333 deals with authorities before whom affidavits may be sworn or affirmed. * Section 332 corresponds to **Section 296 of the CrPC, 1973**. ## Conclusion Section 332 BNSS provides a convenient procedure for presenting formal evidence through affidavits. It reduces the need for personal attendance in matters that are formal in nature while preserving the right of the prosecution and accused to seek examination of the deponent. The provision therefore balances **procedural efficiency, reduction of unnecessary delay, and the right to examine relevant evidence**. bnss-section-332-affidavit-evidence Section 332 BNSS permits evidence of a formal character to be given by affidavit and allows the Court to summon and examine the deponent when necessary or when requested by the prosecution or accused. Section 332 BNSS, evidence of formal character on affidavit, Section 332 BNSS notes, affidavit evidence BNSS 2023, formal evidence by affidavit, Section 332 explained, Section 296 CrPC, BNSS and CrPC comparison
Section 332 – Evidence of Formal Character on Affidavit
BNSS Notes
Section 331 – Affidavit in proof of conduct of public servants
Section 331 – Affidavit in Proof of Conduct of Public Servants
BNSS Notes

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