Bharat Samvidhan
BNSS Section 251

Section 251 BNSS: the offence charged or claims to be tried

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

(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. Withdrawal of remaining charges on conviction on one of several charges. Trial to be conducted by Public Prosecutor. Opening case for prosecution. Discharge. Framing of 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

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 251 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 251 cover?

A: Section 251 of the BNSS 2023 deals with: "the offence charged or claims to be tried". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 251 replace?

A: BNSS Section 251 ("the offence charged or claims to be tried") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 251 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 251 ("the offence charged or claims to be tried") follows this national applicability.

Q: When did BNSS Section 251 come into effect?

A: The BNSS 2023 — including Section 251 ("the offence charged or claims to be tried") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.