Framing of Charge Under the BNSS (Section 251): CrPC 228 Mapping (2026)
What framing of charge means under Section 251 of the BNSS in a sessions trial, how it maps to Section 228 of the old CrPC, and how it links to discharge under Section 250. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Framing of charge is the moment a sessions trial truly begins. Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the provision under which a Sessions Judge, after deciding there is sufficient ground to proceed, draws up the formal charge against the accused. It replaced Section 228 of the old Code of Criminal Procedure, 1973 (CrPC). It carries no punishment, because framing a charge is not a finding of guilt, only a decision that the case must go to trial. Last verified October 2026.
- What it is: Section 251 of the BNSS is framing of charge in a sessions trial, once the Judge finds sufficient ground to proceed.
- Old section: it replaces Section 228 of the CrPC.
- Steps: the charge is framed in writing, read and explained to the accused, who then pleads guilty or claims trial.
- Twin provision: discharge is under Section 250 (old Section 227), with a 60-day window from commitment.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts, benches and forums.
01Why framing of charge matters
In a serious case tried by a Court of Session, the Judge first reads the record and hears both sides. Two outcomes are possible. If the charge is groundless, the accused is discharged. If there is sufficient ground to proceed, the Judge frames a charge, and the trial moves forward.
Framing of charge is the gate to a full trial. It fixes what the accused must answer, so a vague or wrong charge can cause real prejudice. It is also the last check before evidence begins, so the accused has a strong interest in getting it right.
People searching "bnss 251", "section 228 crpc in bnss", or "framing of charge bnss" are looking for this provision and how it works in a sessions trial.
02What Section 251 covers
Section 251 lets a Sessions Judge frame a charge against the accused when, after considering the record and hearing both sides, the Judge finds sufficient ground to proceed. The framing follows the same consideration and hearing as the discharge stage under Section 250, so the Judge decides discharge or charge at the same point.
Once the Judge decides to proceed, Section 251 sets out clear steps:
- The charge is framed in writing against the accused.
- The charge is read and explained to the accused in a language they understand.
- The accused is asked whether they plead guilty or claim trial.
Framing a charge only means the court sees a prima facie case worth trying. It is not a finding of guilt. Guilt still has to be proved by evidence. Commentary on the BNSS notes that charges in a sessions trial should ordinarily be framed within about 60 days from the first hearing, as part of the BNSS push for faster trials.
A procedure provision, not an offence
Section 251 does not create a crime and has no punishment. Labels like cognizable or bailable attach to the offence charged, not to this section. It is a step in the trial, not a sentence.
03Section 228 CrPC to Section 251 BNSS
Section 251 of the BNSS replaces Section 228 of the CrPC. Section 228 was the framing-of-charge provision for a trial before a Court of Session. The core test, sufficient ground to proceed, is carried over. The main additions are the express link to the consideration and hearing under Section 250, and the BNSS emphasis on timelines.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 227 | Section 250 | Discharge in a trial before a Court of Session |
| Section 228 | Section 251 | Framing of charge in a sessions trial |
Note the pairing. Discharge and framing are the two sides of the same stage. Section 250 (old Section 227) is where the Judge discharges a groundless case. Section 251 (old Section 228) is where the Judge frames a charge if the case must go on. The substantive law from the old sections still guides the new ones.
04Framing is the twin of discharge
You cannot understand framing of charge without discharge. Both happen after the same consideration and hearing, and the Judge chooses between them.
- Section 250 (discharge): if the charge is groundless, the accused is discharged. The BNSS gives a 60-day window from commitment to seek discharge. See discharge in a sessions trial under Section 250.
- Section 251 (framing): if there is sufficient ground, the Judge frames a written charge and the trial proceeds.
This is only for sessions trials. In a warrant case tried by a Magistrate on a police report, the discharge provision is Section 262, which replaced Section 239 of the CrPC. See discharge under BNSS Section 262. Framing of charge depends on the police report, so see charge sheet under BNSS Section 193 and the supply of documents under Section 230.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Whether to press for discharge under Section 250 or to meet the charge under Section 251 turns on precedent, and the framing stage runs on a short clock. Claw puts both within reach: more than 30 crore judgments to search by section, party or advocate, returned in under five seconds, so you can find framing and discharge orders on facts like yours. It then tracks cases, orders and hearings across 9,102 courts, benches and forums, so a listing at the framing stage can be followed by party or advocate name. See case search across Indian courts.
Open a free Claw account to study how judges have framed or declined a charge, and to keep a sessions matter in view. Claw does not use the documents you upload to train its AI models. It is a research and tracking tool, and it does not frame the charge, draft submissions, or replace legal advice.
06Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 251 and Section 250 and take advice from counsel before you act.
07Frequently asked questions
What is Section 251 of the BNSS?
Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the framing-of-charge provision in a sessions trial. After finding sufficient ground to proceed, the Judge frames a written charge, reads and explains it to the accused, and asks whether the accused pleads guilty or claims trial.
Which old section does Section 251 BNSS replace?
It replaces Section 228 of the Code of Criminal Procedure, 1973, which governed framing of charge in a trial before a Court of Session. The companion discharge provision is Section 250, which replaced Section 227 of the CrPC.
Does framing of charge mean the accused is guilty?
No. Framing of charge only means the court finds a prima facie case worth trying. It is not a finding of guilt. Guilt must still be proved by evidence at trial.
What is the difference between Section 250 and Section 251?
Both happen after the same consideration and hearing. Section 250 is discharge, used when the charge is groundless. Section 251 is framing of charge, used when there is sufficient ground to proceed. The Judge chooses between them.
Is there a time limit to frame a charge under the BNSS?
The BNSS stresses faster trials, and commentary notes that charges in a sessions trial should ordinarily be framed within about 60 days from the first hearing. Confirm the exact timeline against the official text before relying on a fixed number.
Can I track a case at the framing stage in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums by party or advocate name, so a listing at the framing stage can be followed, and it lets you search more than 30 crore judgments in under five seconds for framing and discharge orders. Claw does not frame the charge or give legal advice.