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BNSS Section 251 - Framing of charge.

BNSS Section 251 - Framing of charge.

Description of BNSS Section 251 - Framing of charge.

(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 electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Offence

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital.


If punishable with imprisonment for life or with imprisonment for 10 years.


If punishable with imprisonment for 1 year and not for 10 years.

Punishment

Imprisonment for 7 years and fine.


Imprisonment for 3 years, with or without fine.


Imprisonment for a quarter of the longest term provided for the offence, or fine, or both.

Cognizance

Cognizable


Cognizable


Cognizable

Bail

Bailable


Bailable


Bailable

Triable

Magistrate of the first class.


Magistrate of the first class.


Magistrate of the first class.