Section 251 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
**Section 251 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** pertains to the framing of charges in criminal cases. It outlines the procedure a judge must follow after considering the case to determine if there is sufficient ground to presume that the accused has committed an offence.([prashantkanha.com][1])
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### 📜 Text of Section 251
**Section 251: Framing of charge**([aaptaxlaw.com][2])
1. If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—([prashantkanha.com][1])
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
2. Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.([vidhiadda.com][3])
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### ⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 251 of the BNSS is analogous to **Section 228 of the Cr.P.C.**, which similarly outlines the procedure for framing charges in criminal cases. Both provisions aim to ensure that the accused is informed of the charges and is given an opportunity to respond appropriately.
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### 🧭 Practical Implications
* **Timely Framing of Charges:** The requirement to frame charges within sixty days ensures that the accused is promptly informed of the charges and the trial proceeds without unnecessary delays.
* **Use of Technology:** The provision allowing charges to be explained through audio-video electronic means facilitates the participation of the accused, especially in remote or inaccessible locations.([thelegallock.com][4])
* **Transfer of Cases:** In cases not triable exclusively by the Court of Session, the judge has the discretion to transfer the case to an appropriate Magistrate, ensuring that the case is handled by the correct authority.
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