Home > BNSS > Section 263

Section 263 BNSS - Framing of Charge

Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the framing of charge by a Magistrate in a warrant-case instituted on a police report. It operates after the Magistrate has considered the material, conducted any examination considered necessary and heard the parties.

Key rule: If the Magistrate finds ground for presuming that the accused committed an offence triable under the relevant Chapter, which the Magistrate is competent to try and can adequately punish, the Magistrate must frame a written charge within sixty days from the date of the first hearing on charge.

Text of Section 263 of the BNSS, 2023

263. Framing of charge. - (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.

Meaning and scope of Section 263 BNSS

Section 263 forms part of the procedure for warrant-cases instituted on a police report. The provision deals with the stage immediately after consideration of discharge under Section 262 BNSS. If the accused is not discharged and the statutory threshold is satisfied, the court proceeds to frame the charge.

1. "Ground for presuming" commission of an offence

At the charge stage, the Magistrate is required to decide whether the record discloses sufficient ground to presume that the accused committed an offence triable under the Chapter. This is a preliminary judicial assessment for deciding whether the case should proceed to trial; it is not the final determination of guilt.

2. The Magistrate must be competent to try the offence

Section 263 applies where the offence is one that the Magistrate is legally competent to try and, in the Magistrate's opinion, can be adequately punished by that court. Questions of trial jurisdiction and sentencing power therefore remain relevant at the charge stage.

3. Charge must be framed in writing

The charge is not merely an oral statement of accusation. Section 263 expressly requires the Magistrate to frame the charge in writing. A properly framed charge identifies the accusation that the accused is required to answer at trial.

4. Sixty-day time limit

A significant feature of Section 263 is the express requirement that the written charge be framed within sixty days from the date of the first hearing on charge. This statutory timeline is intended to move the case efficiently from the charge stage to trial.

5. Charge must be read and explained to the accused

After the charge is framed, subsection (2) requires it to be read and explained to the accused. The accused must then be asked whether he or she pleads guilty to the offence charged or claims to be tried.

Procedure around Section 263

  1. The Magistrate first ensures compliance with Section 261 BNSS.
  2. The accused may seek discharge in accordance with Section 262 BNSS.
  3. If the accused is not discharged and the Section 263 threshold is met, the Magistrate frames a written charge.
  4. The charge is read and explained to the accused.
  5. The accused is asked whether the plea is guilty or whether the accused claims trial.
  6. If the accused pleads guilty, the matter proceeds under Section 264 BNSS.
  7. If the accused claims trial, prosecution evidence proceeds under Section 265 BNSS.

Difference between discharge and framing of charge

Section 262 BNSS deals with discharge where the Magistrate considers the charge against the accused to be groundless. Section 263 applies when, instead, the Magistrate finds ground for presuming that the accused committed an offence falling within the court's competence. The two provisions therefore represent alternative outcomes at the pre-trial charge stage.

Practical point: The sixty-day period in Section 263 runs from the date of the first hearing on charge, not from the date of filing of the police report or the accused's first appearance.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed July 1, 2024 as the commencement date for the Sanhita, subject to the notified exception relating to the First Schedule entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Related BNSS provisions

Readers may also refer to Section 261 - Compliance with Section 230, Section 262 - When accused shall be discharged, Section 264 - Conviction on plea of guilty, and Section 265 - Evidence for prosecution.