Framing of charge
Section 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with framing of charge. 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 hi The Act came into force on 01 Jul 2024.
(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.
Section 263, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 240 Framing of charge Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vikrant Rana @ Shankar vs State Of Haryana
Decided under Code of Criminal Procedure 240, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
At the stage of framing charges under Sections 227, 239, and 240 of the Code of Criminal Procedure, the trial court is required to evaluate the material presented by the investigating agency only to ascertain whether the facts emerging from the record, if taken at their face value, disclose the existence of all the ingredients constituting the offence alleged. The trial court is not required to weigh the probative value of the material or to consider the probable defence of the accused. The standard of evaluation is limited to determining whether a prima facie case exists, and the adequacy and sufficiency of evidence is not to be considered at this stage. The veracity of evidence can only be evaluated during the trial.
On this section: Charge framing procedure - establishes legal framework for evaluation of evidence at charge framing stage
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Adi Malik vs State
Decided under Code of Criminal Procedure 240, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A magistrate cannot record a plea of guilt and convict an accused under Section 241 Cr.P.C. without first complying with the mandatory procedural requirements of Sections 239 and 240 Cr.P.C., which require the magistrate to consider the police report and material and form an opinion that charges should be framed. Failure to comply with these provisions, particularly when coupled with the absence of legal representation for the accused, constitutes a failure of justice that cannot be cured under Section 464 Cr.P.C., and necessitates quashing of the conviction and remittal for fresh proceedings.
On this section: Magistrate's duty to frame charge in writing after consideration and examination - not complied with in this case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 263
What have the courts held on Section 263 of the Bharatiya Nagarik Suraksha Sanhita?
Vikrant Rana @ Shankar vs State Of Haryana (01 Apr 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 240, which this section replaced -- the court never mentioned this Act: Charge framing procedure - establishes legal framework for evaluation of evidence at charge framing stage. Another 1 judgment on this section is set out below. They run from 2019 to 2025.
How do I find court cases under Section 263 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 263, section 263 BNSS, section 263 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 263 in crpc and bnss 263 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vikrant Rana @ Shankar vs State Of Haryana (01 Apr 2025).
What should I read with Section 263 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 240 (Framing of charge), so the judgments decided under that provision are the case law on this one.
When did Section 263 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 263 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 263, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.