(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— (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.
Bharatiya Nagarik Suraksha Sanhita
Section 251
Framing of charge
⚡ Quick Answer Reference: Section 251 BNSS
- Provision: Section 251 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: This section explains how a judge decides whether to frame a charge against an accused and transfer the case to a magistrate for trial, or to frame a charge for a serious offence that can only be tried by the Court.
What does Section 251 of BNSS say?
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What does Section 251 of BNSS mean?
Plain English Explanation
This section explains how a judge decides whether to frame a charge against an accused and transfer the case to a magistrate for trial, or to frame a charge for a serious offence that can only be tried by the Court.
Practical Interpretation
In practice, this section guides judges in determining the appropriate course of action for cases based on the nature of the offence, ensuring that less serious cases are efficiently handled by magistrates while more serious ones are properly addressed by the Court.
Core Legal Purpose
The core purpose is to outline the procedure for framing charges and transferring cases to the appropriate judicial authority, ensuring that the legal process is followed correctly and efficiently for both less serious and serious offences.
- •The offence must be either not exclusively triable by the Court of Session or exclusively triable by the Court.
- •The Judge must be of the opinion that there is ground for presuming the accused has committed the offence.
- •The key legal test is whether the offence is exclusively triable by the Court of Session or not.
- •A key exception or limitation is the timeframe of sixty days for framing a charge in writing for offences exclusively triable by the Court.
Practical Example of Section 251 BNSS
For instance, if Rajesh is accused of a crime that is not exclusively triable by the Court of Session, the Judge may frame a charge and transfer the case to the Chief Judicial Magistrate. However, if the crime is serious and exclusively triable by the Court, the Judge must frame the charge in writing within sixty days and proceed accordingly. This ensures that Rajesh's case is handled in the appropriate legal forum.
Frequently Asked Questions about Section 251 BNSS
Q: What is the punishment or consequence under Section 251 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for framing charges and transferring cases.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of handling accused individuals, regardless of their status as private individuals or public entities, in the context of criminal proceedings.
Q: Is an offence under this section bailable or cognizable?
The section does not specify the bailability or cognizability of offences. These determinations depend on the nature of the specific offence and other legal provisions.
Common Questions about Section 251 BNSS
What is Section 251 of BNSS?
Section 251 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Framing of charge". In plain terms: This section explains how a judge decides whether to frame a charge against an accused and transfer the case to a magistrate for trial, or to frame a charge for a serious offence that can only be tried by the Court.
What is the punishment under Section 251 of BNSS?
Section 251 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 251 of BNSS bailable or non-bailable?
Whether Section 251 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 251 of BNSS?
The essential elements of Section 251 of BNSS are: The offence must be either not exclusively triable by the Court of Session or exclusively triable by the Court.; The Judge must be of the opinion that there is ground for presuming the accused has committed the offence.; The key legal test is whether the offence is exclusively triable by the Court of Session or not..
Landmark Judgments under Section 251 BNSS
Sections commonly cited alongside Section 251
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