Section 228 CrPC - Framing of Charge in Sessions Court | Section 251 BNSS
Framing of charge is the stage at which a Sessions Judge formally identifies the offence alleged against an accused after considering the case record and hearing both sides. Section 228 of the Code of Criminal Procedure, 1973 (CrPC), has a corresponding provision in Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 228 CrPC: Meaning and statutory provisions
Section 228(1) provides that, after the consideration and hearing contemplated at the discharge stage, where the Judge finds ground for presuming that the accused has committed an offence, the course depends on the nature of that offence.
Clause (a): Offence not exclusively triable by a Court of Session
The Sessions Judge may frame a charge and transfer the case to the Chief Judicial Magistrate or another Judicial Magistrate of the first class, directing the accused to appear on a specified date. The Magistrate then follows the procedure applicable to warrant cases instituted on a police report.
Clause (b): Offence exclusively triable by a Court of Session
The Judge must frame a written charge where the statutory threshold is met and the offence is exclusively triable by the Sessions Court.
Section 228(2): Reading and explaining the charge
The charge must be read and explained to the accused, who must be asked whether they plead guilty to the offence charged or claim to be tried. This ensures that the accused knows the accusation to be answered.
Historical legislative note: Act 25 of 2005, section 22, amended section 228(1)(a) with effect from 23 June 2006 to include transfer to another Judicial Magistrate of the first class.
Section 251 BNSS: Current framing-of-charge law
Section 251 BNSS broadly retains the two pathways under Section 228 CrPC while expressly addressing the time for framing charges and electronic participation.
| Issue | Section 228 CrPC | Section 251 BNSS |
|---|---|---|
| Threshold | Ground for presuming commission of an offence | Same essential threshold |
| Magistrate-triable offence | Charge may be framed and case transferred to competent Magistrate | Equivalent transfer mechanism |
| Sessions-exclusive offence | Written charge required | Written charge within 60 days from first hearing on charge |
| Explaining charge | Charge read and explained to accused | Accused may be present physically or through audio-video electronic means |
Procedure for framing charges before a Sessions Court
- Commitment and opening: The case reaches the Sessions Court and the prosecutor opens the case, explaining the allegations and proposed evidence.
- Consideration and hearing: The Judge examines the record and documents and hears the prosecution and defence.
- Discharge assessment: If there is insufficient ground to proceed, the Judge may discharge the accused under the applicable discharge provision.
- Framing of charge: Where the required ground for presuming commission of an offence exists, the Judge follows the appropriate Sessions or Magistrate route.
- Explanation and plea: For a Sessions-exclusive offence, the written charge is read and explained and the accused is asked to plead guilty or claim trial.
What does 'ground for presuming' mean?
At this preliminary stage, the court determines whether the material supports proceeding to trial. It does not decide guilt beyond reasonable doubt or conduct a full evaluation of the credibility of every witness. The charge must identify the alleged offence with sufficient clarity to inform the defence.
Framing of charge versus conviction
Framing of charge is not a finding of guilt. The prosecution must still establish its case at trial, and the accused retains applicable procedural and evidentiary protections.
Illustration
Suppose the police report alleges an offence triable exclusively by the Sessions Court and the materials provide ground for presuming that the accused committed it. The Sessions Judge frames a written charge and explains it to the accused. If the accused claims trial, the matter proceeds to the prosecution evidence stage. If the Judge finds insufficient ground to proceed, discharge rather than framing of charge may be appropriate.
State amendments recorded under Section 228 CrPC
The historical CrPC text also records the following state-specific amendments. Their application to a particular proceeding must be checked against current local legislation, notifications and the BNSS savings provisions; they should not automatically be treated as amendments to Section 251 BNSS.
Chhattisgarh
Chhattisgarh Act 13 of 2006, section 4, added language to Section 228(2) concerning the accused being present in person or through electronic video linkage while represented by a pleader in court. Section 251(2) BNSS now expressly recognises physical or audio-video electronic presence.
Karnataka
Karnataka Act 22 of 1994, section 2, amended the transfer wording of Section 228(1)(a) to allow transfer to a Judicial Magistrate competent to try the case, in addition to the Chief Judicial Magistrate.
West Bengal
West Bengal Act 63 of 1978, section 3, similarly addressed transfer of cases under Section 228(1)(a) to a competent Judicial Magistrate.
Related provisions and official legal sources
Section 227 CrPC concerns discharge; Section 229 concerns conviction on a plea of guilty; and Section 230 concerns the date for prosecution evidence. Their corresponding BNSS provisions are Sections 250, 252 and 253 respectively.
- India Code - Official BNSS, 2023 text (PDF)
- India Code - BNSS Act record
- Ministry of Home Affairs - Criminal laws and statutory resources
- Bureau of Police Research and Development - BNSS reference (PDF)
Frequently asked questions
What is Section 228 CrPC?
It governs framing of charges by a Sessions Judge where the material provides ground for presuming that the accused committed an offence.
What is the corresponding provision under BNSS?
Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 228 CrPC.
What is the time limit under Section 251 BNSS?
For an offence exclusively triable by the Court of Session, the written charge is to be framed within sixty days from the date of the first hearing on charge.
Can the accused appear through video during reading of charges?
Section 251(2) BNSS expressly permits the accused to be present physically or through audio-video electronic means when the charge is read and explained.
Does framing of charge mean conviction?
No. It identifies accusations for trial and does not establish guilt.
This article provides general legal information. Whether the CrPC or BNSS procedure governs a particular case depends on the relevant dates, savings provisions, and applicable judicial directions.