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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 251
Code: Section 251 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (Indian Penal Code)
Explanation: This section deals with the framing of charges and subsequent trial procedures in a Sessions Court after the accused has been committed for trial. It lays down the process for the Judge to decide whether the case should be transferred to a Magistrate’s Court or proceed directly in the Sessions Court.
Sub-section (1):
- Clause (a): If the Judge finds that the accused has committed an offence not exclusively triable by the Sessions Court (meaning it can be tried by a Magistrate’s Court), they can frame a charge and transfer the case to the Chief Judicial Magistrate or a Judicial Magistrate of the First Class. The accused is then directed to appear before the designated Magistrate for trial, which will proceed as a warrant case based on a police report.
- Clause (b): If the Judge finds that the accused has committed an offence exclusively triable by the Sessions Court, they must frame a charge in writing within 60 days of the first hearing on charge.
Sub-section (2): If the Judge frames a charge under Clause (b) of sub-section (1), the charge must be read and explained to the accused (present physically or through electronic means). The accused is then asked whether they plead guilty to the offence or choose to be tried.
Illustration:
- Scenario: A person is arrested for theft, an offence that can be tried by both a Sessions Court and a Magistrate’s Court. The accused is committed for trial to the Sessions Court.
- Application of Section 251: After considering the evidence, the Judge may decide that the case is suitable for trial in a Magistrate’s Court under Clause (a). They would then frame a charge and transfer the case to the appropriate Magistrate.
- Alternative Scenario: If the Judge decides that the offence is of a serious nature requiring trial in the Sessions Court, they would frame a charge under Clause (b) and proceed with the trial in their court.
Common Questions and Answers:
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Q: What is the difference between offences triable by the Sessions Court and those triable by a Magistrate’s Court?
A: Offences triable by the Sessions Court are typically more serious offences carrying heavier punishments. Offences triable by a Magistrate’s Court are generally less serious and carry lighter punishments. -
Q: What happens if the accused pleads guilty to the charge?
A: If the accused pleads guilty, the Judge can proceed with sentencing without further trial. -
Q: What happens if the accused claims to be tried?
A: If the accused claims to be tried, the Judge will proceed with a full trial to determine their guilt or innocence.
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