Indian Criminal Procedure | Updated 18 October 2026

Section 240 CrPC - Framing of Charge and Section 263 BNSS

Section 240 of the Code of Criminal Procedure, 1973 governs framing of a charge by a Magistrate in a warrant case instituted on a police report. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 263, which expressly requires the written charge to be framed within sixty days from the first hearing on charge.

Current law: The BNSS came into force on 1 July 2024. Section 531 contains repeal and savings provisions for pending proceedings. Which procedure governs a particular case depends on the applicable transitional provisions and case circumstances.

Meaning of framing of charge

A charge is the formal written statement of the alleged offence for which the accused is to face trial. Framing a charge identifies the accusation, gives the accused notice of the case to answer and enables a plea of guilty or a claim to trial. It is not a finding of guilt.

Section 240 CrPC - Original statutory provision

240. Framing of charge

(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Section 263 BNSS - Present corresponding provision

Section 263(1) requires the Magistrate, after the relevant consideration, examination (if any) and hearing, to frame a written charge when there is ground for presuming that the accused committed an offence triable under the relevant Chapter, within the Magistrate's competence and adequately punishable by that Magistrate. The charge must be framed within sixty days from the date of the first hearing on charge.

Section 263(2) requires the charge to be read and explained to the accused, who must be asked whether they plead guilty or claim to be tried.

The sixty-day period concerns framing of the charge; it is not a statutory deadline for completing the entire criminal trial.

Procedure followed by the Magistrate

Examine the police report and documents: Consider the prosecution materials and the applicable procedural requirements.
Hear both sides: Provide the prosecution and accused an opportunity to address the question of charge.
Determine whether a charge is warranted: Assess whether there is ground for presuming commission of an offence within the Magistrate's trial and sentencing competence.
Frame the written charge: If the statutory threshold is met, prepare the charge under Section 263 BNSS (or Section 240 CrPC where the former law remains applicable).
Explain the charge: Read and explain it to the accused and record whether the accused pleads guilty or claims trial.

Related legal provisions

Section 262 BNSS (Section 239 CrPC): Discharge in warrant cases instituted on a police report when the charge is groundless, subject to the prescribed procedure.
Section 264 BNSS (Section 241 CrPC): Conviction on a plea of guilty, subject to the Magistrate's discretion.
Section 265 BNSS (Section 242 CrPC): Evidence for prosecution where the accused does not plead guilty or is not convicted on that plea.
Sections 234 to 247 BNSS: General provisions relating to the contents and form of charges and related matters.

Chhattisgarh state amendment to Section 240 CrPC

The original page records the Chhattisgarh Act 13 of 2006, Section 5, which added words to Section 240(2) concerning the accused being present in person or through electronic video linkage in the presence of the accused's pleader in court.

Text of the state addition: "present either in person or through the medium of electronic video linkage in the presence of his pleader in the Court."

This is retained as a historical state amendment to the CrPC. Its application in a particular proceeding, and any corresponding BNSS provisions or state adaptations, should be verified against the relevant law and notifications; it should not be assumed to amend Section 263 BNSS automatically.

Frequently asked questions

What is the BNSS equivalent of Section 240 CrPC?

Section 263 BNSS is the corresponding provision on framing of charge by a Magistrate in a warrant case instituted on a police report.

What is the time limit for framing a charge under Section 263 BNSS?

Section 263(1) provides sixty days from the date of the first hearing on charge.

Does framing of charge mean the accused is guilty?

No. It means the Magistrate finds sufficient grounds to put the accused on trial; guilt must be established in accordance with law.

What happens after a charge is read to the accused?

The accused is asked whether they plead guilty or claim trial. Subsequent procedure is governed by Sections 264 and 265 BNSS, as applicable.

Official legislation and further reading

Note: This article provides general legal information. Check the latest statutory text, commencement notifications, state amendments and court directions for the facts of a specific case.