Section 274 of BNSS, 2023 — Substance of Accusation to Be Stated

Introduction

Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed when an accused appears or is brought before a Magistrate in a summons-case.

Unlike a warrant-case, a formal charge is not required to be framed in a summons-case. Instead, the Magistrate must state the particulars of the offence to the accused and ask whether the accused pleads guilty or has any defence to make.

Section 274 also contains an important safeguard: if the Magistrate considers the accusation to be groundless, the Magistrate must record reasons in writing and release the accused. Such release has the effect of discharge.

Meaning of Substance of Accusation

The substance of accusation means the essential particulars of the offence alleged against the accused.

The purpose is to ensure that the accused understands the nature of the allegation and gets an opportunity to state whether the accused admits guilt or intends to defend the case.

A formal charge is not necessary in a summons-case under Section 274.

Statutory Basis

Section 274 falls under Chapter XXI of BNSS, which deals with the trial of summons-cases by Magistrates.

The provision requires that:

• the particulars of the offence be stated to the accused;
• the accused be asked whether the accused pleads guilty or has any defence;
• a formal charge need not be framed; and
• where the accusation is considered groundless, the Magistrate must record reasons in writing and release the accused, with such release having the effect of discharge.

Object and Purpose

Section 274 serves two main purposes:

1. It ensures that the accused is informed of the substance of the accusation before the case proceeds.
2. It prevents a groundless accusation from unnecessarily continuing as a criminal proceeding.

The provision therefore combines procedural fairness to the accused with a simplified procedure for summons-cases.

Essential Elements

1. The Case Must Be a Summons-Case

Section 274 applies specifically to a summons-case.

The procedure for warrant-cases is governed by separate provisions of BNSS.

2. The Accused Appears or Is Brought Before the Magistrate

The provision applies when the accused appears before the Magistrate or is brought before the Magistrate.

At this stage, the Magistrate must communicate the particulars of the offence to the accused.

3. Particulars of the Offence Must Be Stated

The Magistrate must state to the accused the particulars of the offence of which the accused is alleged to have been accused.

This enables the accused to understand the substance of the allegation.

4. The Accused Must Be Asked About the Plea or Defence

After stating the particulars of the offence, the Magistrate must ask the accused whether the accused:

• pleads guilty; or
• has any defence to make.

This gives the accused an opportunity to respond to the accusation.

5. Formal Charge Is Not Necessary

Section 274 expressly provides that it is not necessary to frame a formal charge in a summons-case.

This is an important distinction between the procedure for summons-cases and the procedure applicable to warrant-cases.

6. Groundless Accusation

The proviso to Section 274 provides an additional safeguard.

If the Magistrate considers the accusation to be groundless, the Magistrate must:

• record reasons in writing;
• release the accused; and
• treat such release as having the effect of discharge.

Thus, the accused need not be subjected to a full trial where the Magistrate finds the accusation itself to be groundless.

Procedure

The procedure under Section 274 can be understood as follows:

1. The accused appears or is brought before the Magistrate.
2. The Magistrate states the particulars of the offence to the accused.
3. The accused is asked whether the accused pleads guilty or has any defence to make.
4. No formal charge is required to be framed.
5. If the Magistrate considers the accusation groundless, reasons must be recorded in writing.
6. The Magistrate releases the accused.
7. Such release has the effect of discharge.
8. If the accusation is not considered groundless and the accused does not plead guilty, the case proceeds according to the subsequent summons-case procedure.

Powers and Duties of the Magistrate

Section 274 imposes a duty on the Magistrate to state the particulars of the offence and ask the accused about the plea or defence.

The proviso creates a further statutory duty. Where the Magistrate considers the accusation groundless, the Magistrate shall, after recording reasons in writing, release the accused.

The use of the word “shall” indicates that once the Magistrate reaches the statutory conclusion that the accusation is groundless, the prescribed course is mandatory.

Groundless Accusation and Discharge

The finding that an accusation is groundless is distinct from an acquittal after trial.

Where the Magistrate considers the accusation groundless at the stage contemplated by Section 274, the accused is released and that release has the effect of discharge.

The Magistrate must record reasons in writing before taking this course.

Important Distinctions

Substance of Accusation and Formal Charge

The substance of accusation consists of communicating the particulars of the alleged offence to the accused.

A formal charge is a separate procedural requirement applicable in proceedings where BNSS specifically requires charge-framing.

In a summons-case under Section 274, a formal charge is not necessary.

Discharge and Acquittal

Discharge and acquittal are different procedural outcomes.

Under Section 274, release of the accused because the accusation is groundless has the effect of discharge.

Acquittal is a determination made under the provisions governing the conclusion of the trial.

Summons-Case and Warrant-Case

Section 274 governs the procedure in summons-cases.

Warrant-cases follow a different procedure, including specific provisions relating to discharge and framing of charge.

BNSS and CrPC

Section 274 BNSS corresponds to Section 251 of the Code of Criminal Procedure, 1973.

The basic procedure has been retained. Under both provisions, the Magistrate states the particulars of the offence to the accused, asks whether the accused pleads guilty or has a defence, and does not need to frame a formal charge in a summons-case.

The significant change under BNSS is the addition of a proviso dealing with groundless accusations. Under this proviso, the Magistrate must record reasons in writing and release the accused if the accusation is considered groundless. Such release has the effect of discharge.

This proviso was not present in the corresponding Section 251 of the CrPC.

Common Confusions

Is a formal charge necessary in a summons-case?

No.

Section 274 expressly provides that it is not necessary to frame a formal charge.

Must the Magistrate explain the accusation to the accused?

Yes.

The particulars of the offence must be stated to the accused.

Must the accused be given an opportunity to state a defence?

Yes.

The accused must be asked whether the accused pleads guilty or has any defence to make.

Can the Magistrate release the accused if the accusation is groundless?

Yes.

If the Magistrate considers the accusation groundless, the Magistrate must record reasons in writing and release the accused. The release has the effect of discharge.

Is the groundless-accusation proviso present in Section 251 CrPC?

No.

The proviso is a significant addition introduced in Section 274 of BNSS.

Topic at a Glance

• Topic: Substance of accusation to be stated
• BNSS Section: Section 274
• Chapter: XXI
• Applies to: Summons-cases
• Authority: Magistrate
• Requirement: Particulars of the offence must be stated to the accused
• Accused’s response: Plea of guilty or defence
• Formal charge: Not necessary
• Groundless accusation: Accused must be released after reasons are recorded
• Effect of release: Discharge
• CrPC counterpart: Section 251
• Important BNSS change: Proviso dealing with groundless accusations

Quick Revision

• Section 274 BNSS deals with the substance of accusation in summons-cases.
• It applies when the accused appears or is brought before the Magistrate.
• The Magistrate must state the particulars of the offence.
• The accused must be asked whether the accused pleads guilty or has any defence.
• A formal charge is not necessary.
• If the accusation is groundless, the Magistrate must record reasons in writing and release the accused.
• Such release has the effect of discharge.
• The groundless-accusation proviso is a significant addition under BNSS.
• Section 274 BNSS corresponds to Section 251 CrPC.

ALSO READ: Section 273 – Compensation for accusation without reasonable cause

Conclusion

Section 274 BNSS establishes the basic procedure for dealing with the accusation at the commencement of a summons-case before a Magistrate. It ensures that the accused understands the allegation and can respond to it without requiring the formal framing of a charge. The proviso further protects the accused by requiring the Magistrate to terminate proceedings through release and discharge where the accusation is found to be groundless.