Section 251 CrPC and Section 274 BNSS: Substance of Accusation in Summons Cases
Section 251 of the Code of Criminal Procedure, 1973 required a Magistrate to explain the particulars of an alleged offence to the accused in a summons-case and ask for a plea or defence without framing a formal charge. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 274.
Text of Section 251 CrPC, 1973
Heading: Substance of accusation to be stated.
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.
Section 251 formed part of Chapter XX of the CrPC, dealing with the trial of summons-cases by Magistrates. The provision avoided the formal framing of a charge, but required the accused to be informed of the substance of the allegation before responding.
Section 274 BNSS: Present corresponding provision
Section 274, Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Substance of accusation to be stated" and appears in Chapter XXI, concerning the trial of summons-cases by Magistrates.
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.
The proviso is an important express addition: when the accusation is considered groundless, the Magistrate must record written reasons and release the accused, with the legal effect of discharge. This power must be exercised in accordance with the statutory requirements and the facts of the case.
Meaning of the principal legal expressions
Summons-case
Under Section 2(w) CrPC, a summons-case means a case relating to an offence that is not a warrant-case. Under Section 2(x) CrPC, a warrant-case concerns an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. The corresponding definitions appear in Section 2 of the BNSS.
Substance of accusation
This means the essential particulars of the alleged offence, communicated sufficiently clearly for the accused to understand the case and decide whether to plead guilty or contest it. A formal written charge is not required in an ordinary summons-case.
Plea of guilty and defence
The Magistrate asks whether the accused admits guilt or has a defence. A plea of guilty may be dealt with under Section 252 CrPC or Section 275 BNSS, as applicable. If the accused is not convicted on a guilty plea, the case proceeds through the prescribed trial procedure.
Procedure followed by the Magistrate
- Appearance: The accused appears or is brought before the Magistrate in a summons-case.
- Explanation: The Magistrate states the particulars of the alleged offence in an intelligible manner.
- Response: The accused is asked whether he or she pleads guilty or has a defence to make.
- Further action: A valid guilty plea is considered under the applicable provision; otherwise, the trial proceeds to evidence and adjudication.
- Groundless accusation under BNSS: Section 274 expressly requires release amounting to discharge where the Magistrate considers the accusation groundless and records reasons in writing.
Section 251 CrPC and Section 274 BNSS: Key distinction
| Issue | Section 251 CrPC | Section 274 BNSS |
|---|---|---|
| Summons-case accusation | Particulars stated to accused | Particulars stated to accused |
| Formal charge | Not necessary | Not necessary |
| Plea or defence | Accused asked to respond | Accused asked to respond |
| Groundless accusation | No corresponding express proviso in Section 251 | Express proviso for reasoned release having effect of discharge |
Chhattisgarh state amendment to Section 251 CrPC
Chhattisgarh Act 13 of 2006, Section 6, provided for the following additional mode of appearance after the reference to the accused being brought before the Magistrate:
"Or appears through the medium of electronic video linkage in the presence of his pleader in the Court".
This historical state amendment is relevant when examining proceedings governed by the CrPC. Its present application must be assessed in light of the BNSS repeal-and-savings provisions and any applicable current state law, rules and judicial directions. It should not automatically be treated as an amendment to Section 274 BNSS.
Which law applies after 1 July 2024?
Section 531 BNSS repeals the CrPC while preserving specified pending appeals, applications, trials, inquiries and investigations. Where a proceeding was pending immediately before commencement, Section 531(2)(a) provides for its continuation under the CrPC as applicable immediately before that date. Whether a particular matter is saved depends on its procedural status and the governing judicial interpretation.
Accordingly, Section 251 CrPC should not be presented as the general current provision for newly instituted BNSS proceedings. For those proceedings, the relevant corresponding provision is Section 274 BNSS.
Related provisions and next stages
Under the earlier CrPC scheme, Sections 252 (conviction on plea of guilty), 253 (guilty plea in petty cases), 254 (procedure when not convicted), and 255 (acquittal or conviction) address later stages of summons-case trials. Corresponding BNSS provisions include Sections 275 to 278.
Official statutory sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF) — see Sections 274 and 531.
- India Code official legislation portal — consult the Code of Criminal Procedure, 1973 and applicable amendments.