Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 263
This section outlines the process of framing charges in criminal cases under the Bharatiya Nagarik Suraksha Sanhita (BNSS), India’s proposed Criminal Procedure Code.
Section 263(1)
This subsection describes the conditions for framing a charge against an accused person. It states that:
- After considering the evidence, examining the case, and conducting a hearing, if the Magistrate believes that there is enough evidence to suggest the accused committed an offense under this chapter,
- The Magistrate has the authority to try the case,
- The Magistrate believes the offense can be appropriately punished by them, then they shall frame a written charge against the accused within 60 days of the first hearing on the charge.
Section 263(2)
This subsection details the procedure after the charge has been framed. It states that:
- The charge must be read aloud and explained to the accused.
- The accused is then asked to plead guilty or not guilty to the offense charged. This is known as the “plea” stage.
Explanation:
This section defines the essential steps involved in framing charges, ensuring that the accused is fully informed about the charges against them. The Magistrate’s responsibility to frame charges within a specific timeframe (60 days) ensures that the criminal justice system progresses efficiently.
Illustration:
Imagine someone is accused of theft under the BNSS. The Magistrate, after examining the evidence, determines that there is sufficient ground to believe the accused committed the offense. They also find that the offense is triable by them and can be adequately punished by them. Within 60 days, the Magistrate will frame a written charge against the accused, which will be read and explained to them. The accused will then have the opportunity to plead guilty or not guilty.
Common Questions and Answers:
- Q: What is the purpose of framing a charge?
A: Framing a charge formally informs the accused of the specific offense they are accused of, allowing them to prepare a defense. - Q: What happens if the Magistrate is not satisfied that there is sufficient ground to believe the accused committed the offense?
A: In such a case, the Magistrate may discharge the accused or refer the matter to a higher court for trial. - Q: Can the accused change their plea after pleading guilty?
A: In some cases, the accused may be allowed to change their plea under certain conditions. - Q: What happens after the accused pleads guilty or not guilty?
A: If the accused pleads guilty, the Magistrate may proceed to sentencing. If the accused pleads not guilty, the case will proceed to trial.