Introduction
Section 269 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed where the accused is not discharged in a warrant-case instituted otherwise than on a police report.
This section follows Section 268, which deals with discharge of the accused after the prosecution evidence has been taken.
Where the Magistrate finds that the prosecution evidence is sufficient to proceed against the accused, Section 269 provides for the framing of the charge and continuation of the trial.
Meaning of Section 269
Section 269 applies when the Magistrate, after considering the prosecution evidence and hearing the accused, finds that the accused should not be discharged.
In such a situation, the Magistrate proceeds to consider the charge.
If the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence triable under the relevant provisions, the Magistrate frames a charge against the accused.
The charge is then read and explained to the accused.
The accused is asked whether they plead guilty or claim to be tried.
Simple Formula
Section 267 → Prosecution evidence
↓
Section 268 → Discharge or no discharge
↓
Section 269 → Charge framed if accused is not discharged
↓
Plea of guilty OR claim to be tried
Object and Purpose
The main objectives of Section 269 are:
- To provide the procedure after the accused is not discharged.
- To ensure that a formal charge is framed where there is sufficient ground to proceed.
- To inform the accused precisely about the offence they are alleged to have committed.
- To give the accused an opportunity to plead guilty or claim trial.
- To move the case from the preliminary stage towards the actual trial.
When Does Section 269 Apply?
Section 269 applies to a warrant-case instituted otherwise than on a police report.
The relevant sequence is:
Case instituted otherwise than on police report
↓
Prosecution evidence — Section 267
↓
Discharge consideration — Section 268
↓
Accused not discharged — Section 269
↓
Charge framed
↓
Plea of guilty / claim to be tried
What Happens When the Accused Is Not Discharged?
If the Magistrate concludes that the accused should not be discharged, the Magistrate proceeds to frame a charge.
The charge must specify the offence with which the accused is being charged.
The charge is then:
- framed;
- read to the accused; and
- explained to the accused.
The accused is then asked whether they plead guilty or claim to be tried.
Framing of Charge
The framing of charge is a significant stage in a criminal trial.
A charge formally informs the accused of the specific offence for which they are being tried.
It gives the accused notice of:
- the offence alleged;
- the legal nature of the accusation; and
- the case they are required to meet.
The charge therefore provides a clear framework for the subsequent trial.
Charge Must Be Read and Explained
After the charge is framed, it must be read and explained to the accused.
This ensures that the accused understands the accusation before being asked to respond.
The accused must know what offence they are being called upon to answer.
Only after this stage does the Court ask the accused to state their plea.
Plea of the Accused
After the charge is read and explained, the accused is asked whether they:
1. Plead Guilty
The accused admits the charge.
The Court may then follow the applicable procedure relating to conviction on a plea of guilty.
2. Claim to Be Tried
The accused does not admit the charge and wishes to contest the case.
The case then proceeds with the further trial procedure.
Section 269 and Plea of Guilty
Section 269 connects the framing of charge with the accused’s plea.
The sequence is:
Charge framed
↓
Charge read and explained
↓
Accused asked for plea
↓
Guilty → Applicable guilty-plea procedure
Not guilty → Trial continues
This is why Section 269 is an important transition between the preliminary stage and the contested trial.
Example
Suppose A is accused in a warrant-case instituted through a complaint.
The complainant presents evidence under Section 267.
After considering the evidence, the Magistrate finds that the case should not be terminated at the discharge stage.
The Magistrate therefore proceeds under Section 269.
A formal charge is framed.
The charge is read and explained to A.
A states:
“I am not guilty and I claim to be tried.”
The case then proceeds to the subsequent trial stages.
Another Example — Plea of Guilty
Suppose B is accused of an offence in a warrant-case instituted otherwise than on a police report.
After considering the prosecution evidence, the Magistrate does not discharge B.
The Magistrate frames the charge and explains it to B.
B states that they plead guilty.
The Court then deals with the guilty plea according to the applicable provision.
Thus, framing of charge does not itself determine guilt. It is followed by the accused’s plea and the appropriate procedure.
Section 268 vs Section 269
These sections must be studied together.
Section 268 — When Accused Shall Be Discharged
The Magistrate finds that the prosecution evidence, if unrebutted, would not warrant conviction.
Result → Accused discharged
Section 269 — Procedure Where Accused Is Not Discharged
The Magistrate finds sufficient grounds to proceed.
Result → Charge is framed and explained to the accused
Easy Formula
268 = Discharge
269 = No discharge → Charge
Section 267 → 268 → 269
This sequence is extremely important for examination purposes.
Section 267
Evidence for prosecution
The prosecution presents its evidence.
Section 268
Discharge
The Magistrate considers whether the evidence is insufficient to warrant conviction if unrebutted.
Section 269
No discharge
The Magistrate proceeds to frame the charge and asks for the accused’s plea.
Memory Trick
267 → Evidence
268 → Discharge
269 → Charge
Why Is Framing of Charge Important?
Framing of charge marks a significant transition in the proceedings.
Before the charge:
- the Court is determining whether there is sufficient basis to proceed.
After the charge:
- the accused is formally called upon to answer a specific criminal accusation.
Thus, Section 269 moves the case from the pre-charge assessment towards the trial stage.
Does Framing of Charge Mean the Accused Is Guilty?
No.
Framing of charge does not amount to a finding of guilt.
It means that the Court considers there is sufficient basis to proceed with the case.
The accused still has the opportunity to:
- plead not guilty;
- cross-examine prosecution witnesses;
- present a defence;
- make legal submissions; and
- contest the prosecution case.
The question of guilt is ultimately determined after the relevant trial process.
Difference Between Framing of Charge and Conviction
Framing of Charge
The Court finds sufficient ground to proceed with the accusation.
Conviction
The Court finally determines that the accused is guilty according to law.
Therefore:
Charge ≠ Conviction
A charge only identifies the accusation that the accused must answer.
Importance of the Accused’s Plea
Once the charge has been framed and explained, the accused’s response determines the next procedural step.
If the accused pleads guilty:
The Court may proceed under the provisions relating to conviction on a plea of guilty.
If the accused claims trial:
The prosecution must proceed with the evidence and remaining stages of the trial.
Therefore:
Charge → Plea → Further procedure
Role of the Magistrate
The Magistrate must ensure that:
- the charge is properly framed;
- the charge is read to the accused;
- the charge is explained;
- the accused understands the accusation; and
- the accused is given an opportunity to state their plea.
The Magistrate must also ensure that the case proceeds according to the appropriate procedural requirements.
Fair Trial Aspect
Section 269 contributes to the accused’s right to a fair trial by requiring the accusation to be clearly communicated.
An accused should not be required to defend themselves without knowing the specific offence with which they are charged.
The charge therefore provides procedural clarity and allows the accused to prepare an appropriate defence.
Section 269 and Subsequent Trial
Where the accused claims to be tried, the case does not end with Section 269.
The case proceeds to the subsequent stages of the warrant-case trial.
These stages involve matters such as:
- prosecution evidence;
- cross-examination;
- defence;
- arguments; and
- judgment.
Thus, Section 269 is essentially a transition provision leading from the discharge stage to the continuation of the trial.
Section 269 vs Section 263
Both sections deal with framing of charge, but they operate in different procedural contexts.
Section 263
Framing of charge in a warrant-case instituted on a police report.
Section 269
Procedure where the accused is not discharged in a warrant-case instituted otherwise than on a police report.
Easy Revision
Police report → Section 263
Otherwise than police report → Section 269
Section 269 vs Section 264
These sections should also be distinguished.
Section 264
Deals with conviction on plea of guilty after the charge is framed in the relevant police-report warrant-case procedure.
Section 269
Deals with the procedure where the accused is not discharged, including framing of charge and asking the accused for their plea.
The two provisions therefore operate at related but distinct procedural stages.
Practical Example
Suppose C files a complaint against D alleging commission of a warrant-case offence.
The prosecution evidence is recorded under Section 267.
After hearing D, the Magistrate considers whether D should be discharged under Section 268.
The Magistrate concludes that the evidence provides sufficient ground to continue.
Therefore, D is not discharged.
The Magistrate proceeds under Section 269:
- Charge is framed.
- Charge is read to D.
- Charge is explained to D.
- D is asked whether they plead guilty or claim trial.
- If D claims trial, the case proceeds to the next stage.
- If D pleads guilty, the Court follows the applicable guilty-plea procedure.
Common Confusions
Does Section 269 apply when the accused is discharged?
No.
Section 269 applies where the accused is not discharged.
Does framing of charge mean conviction?
No.
It only means that the Court finds sufficient ground to proceed with the case.
Must the charge be explained to the accused?
Yes.
The accused must be informed of the accusation before being asked for their plea.
What happens if the accused pleads guilty?
The Court follows the applicable procedure concerning a plea of guilty.
What happens if the accused claims trial?
The case proceeds through the remaining trial stages.
Is Section 269 applicable to police-report cases?
Section 269 specifically concerns the procedure where the accused is not discharged in a warrant-case instituted otherwise than on a police report.
Topic at a Glance
- BNSS Section: 269
- Subject: Procedure where accused is not discharged
- Type of case: Warrant-case instituted otherwise than on a police report
- Previous stage: Section 268 — discharge
- Main action: Charge is framed
- Charge: Read and explained to accused
- Accused’s response: Pleads guilty or claims to be tried
- If guilty: Applicable guilty-plea procedure follows
- If not guilty: Trial continues
- Purpose: Move the case from the discharge stage to the trial stage
- Related provision: Section 268
- Corresponding CrPC provision: Section 246
Quick Revision
- Section 269 deals with the procedure where the accused is not discharged.
- It applies to a warrant-case instituted otherwise than on a police report.
- It follows Section 268.
- If the accused is not discharged, the Magistrate proceeds to frame a charge.
- The charge is read and explained to the accused.
- The accused is then asked whether they plead guilty or claim to be tried.
- A plea of guilty leads to the applicable guilty-plea procedure.
- If the accused claims trial, the case proceeds further.
- Framing of charge does not amount to conviction.
- Section 269 BNSS broadly corresponds to Section 246 CrPC.
One-Line Exam Answer
Section 269 BNSS provides that where, in a warrant-case instituted otherwise than on a police report, the accused is not discharged after consideration of the prosecution evidence, the Magistrate shall proceed to frame a charge, read and explain it to the accused, and ask whether the accused pleads guilty or claims to be tried.
Conclusion
Section 269 of the BNSS governs the stage where the Magistrate decides not to discharge the accused in a warrant-case instituted otherwise than on a police report. The Magistrate proceeds to frame the charge, reads and explains it to the accused, and asks for the accused’s plea. If the accused pleads guilty, the applicable guilty-plea procedure follows; if the accused claims trial, the case continues through the subsequent stages of the criminal trial.
ALSO READ: Section 268 – When accused shall be discharged
Quick Memory Chain
267 — Evidence for prosecution
268 — Discharge
269 — No discharge → Charge
Charge → Plea → Further trial
