(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 within a period of sixty days from the date of first hearing on charge. (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.
Bharatiya Nagarik Suraksha Sanhita
Section 263
Framing of charge
Englishहिंदी
⚡ Quick Answer Reference: Section 263 BNSS
- Provision: Section 263 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: This section explains how a Magistrate frames a charge against an accused if there's enough reason to believe they committed an offence. The charge must be in writing within 60 days of the first hearing.
Statutory Content
What does Section 263 of BNSS say?
Indian StandardSection 263, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 263 (India)
Court Pleading StandardSection 263 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/263
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 263 of BNSS mean?
Plain English Explanation
This section explains how a Magistrate frames a charge against an accused if there's enough reason to believe they committed an offence. The charge must be in writing within 60 days of the first hearing.
Practical Interpretation
In practice, this section ensures that the Magistrate carefully considers the evidence and decides whether to frame a charge, which is then explained to the accused, who can plead guilty or claim a trial.
Core Legal Purpose
The core purpose is to outline the procedure for framing a charge, ensuring the Magistrate has sufficient grounds to do so and that the accused is informed of the charge and their options.
Key Legal Elements
- •The Magistrate must have sufficient grounds to presume the accused committed an offence.
- •The offence must be triable under this Chapter and the Magistrate must be competent to try it.
- •The key legal test is whether the Magistrate believes the accused could be adequately punished for the offence.
- •A key limitation is that the charge must be framed within 60 days of the first hearing.
Practical Example
Practical Example of Section 263 BNSS
Rajesh is accused of an offence under this Chapter. After considering the evidence, the Magistrate decides there are grounds to frame a charge. Within 60 days of the first hearing, the Magistrate frames the charge in writing, which is then read and explained to Rajesh, who is asked to plead guilty or claim a trial.
Common Questions (FAQ)
Frequently Asked Questions about Section 263 BNSS
Q: What is the punishment or consequence under Section 263 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of framing a charge against an accused, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether an offence is bailable or cognizable, as it only deals with the procedure for framing a charge.
People Also Ask (PAA)
Common Questions about Section 263 BNSS
What is Section 263 of BNSS?
Section 263 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Framing of charge". In plain terms: This section explains how a Magistrate frames a charge against an accused if there's enough reason to believe they committed an offence. The charge must be in writing within 60 days of the first hearing.
What is the punishment under Section 263 of BNSS?
Section 263 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 263 of BNSS bailable or non-bailable?
Whether Section 263 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 263 of BNSS?
The essential elements of Section 263 of BNSS are: The Magistrate must have sufficient grounds to presume the accused committed an offence.; The offence must be triable under this Chapter and the Magistrate must be competent to try it.; The key legal test is whether the Magistrate believes the accused could be adequately punished for the offence..
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