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CrPC Section 228

Framing of charge

New section under BNSS

BNSS Section 251— Framing of charge.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

What the new section does

After consideration and hearing, if the Sessions Judge presumes the accused committed an offence not exclusively triable by the Court of Session, the Judge may frame a charge and transfer the case to the Chief Judicial Magistrate or a Judicial Magistrate of the first class. If the offence is exclusively triable by the Court of Session, the Judge shall frame a written charge within sixty days of the first hearing on charge. The charge must be read and explained to the accused (physically or via audio-video means) and the accused asked whether they plead guilty or claim to be tried.

For the full text of the new section, see the linked BNSS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.