Section 263 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 263 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure for framing charges in criminal cases.
Text of Section 263
Framing of Charge
Grounds for Framing a Charge: If, upon consideration, examination (if any), and hearing, the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which the Magistrate is competent to try and which, in the Magistrate's opinion, could be adequately punished by them, they shall frame in writing a charge against the accused. This must be done within sixty days from the date of the first hearing on charge.
Procedure After Framing the Charge: The charge shall then be read and explained to the accused, and the accused shall be asked whether they plead guilty to the offence charged or claim to be tried.(
Explanation
Section 263 establishes the procedure for framing charges in criminal cases. It requires the Magistrate to assess whether there is sufficient ground to presume that the accused has committed an offence that the Magistrate is competent to try and can adequately punish. If such grounds exist, the Magistrate must frame a written charge against the accused within sixty days from the date of the first hearing on charge. Subsequently, the charge must be read and explained to the accused, who is then asked to plead guilty or claim trial
Significance
Timely Procedure: The stipulation of a sixty-day period ensures that charges are framed promptly, facilitating a swift progression of the trial process.
Transparency and Fairness: Reading and explaining the charge to the accused ensures transparency and allows the accused to understand the nature of the allegations, thereby safeguarding their right to a fair trial.
Legal Clarity: This section provides clear guidelines on the procedure for framing charges, contributing to the consistency and predictability of criminal proceedings.
RELATED Blog
comments