Framing of charge refers to the formal process where the court evaluates the materials
presented by the prosecution (police report, witness statements, etc.) and determines whether
there is prima facie evidence to proceed with a trial for a specific offence against the accused.
Section 2(b) BNSS, 2023: Definition of "Charge" "charge" means the head of the charge when
the charge contains more heads than one; here’s what it means:
When multiple offences are framed against an accused in one trial (e.g., theft, house-
breaking, and causing hurt), each distinct offence is considered a "head" of charge.
So, "charge" refers to each distinct accusation or head under which the accused is
tried.
Example:
If an accused is charged with:
1. Theft under Section 303 of Bharatiya Nyaya Sanhita (BNS), and
2. Criminal trespass under Section 327 of BNS,
Then each of these is a separate head of charge, and Section 2(b) collectively refers to such
individual components.
Reason or Purpose of Framing of Charge:
1. Notice to the Accused:
To inform the accused clearly and specifically about the allegations against them,
enabling them to prepare their defense.
2. Filtering Mechanism:
It acts as a judicial filter—the court screens the evidence to see whether it warrants a full
trial, thereby avoiding unnecessary harassment of the accused by dismissing baseless or
groundless charges.
3. Clarification of Issues:
Framing charges helps in identifying the exact nature of the offence(s) for adjudication,
focusing the trial on relevant facts and legal questions.
4. Safeguard Against Arbitrary Prosecution:
It ensures that trials are based on legal merit rather than vague or unfounded
allegations, upholding the principles of natural justice and fair trial.
5. Legal Formulation of Offence:
It provides a formal and legal articulation of the offence based on statutory provisions,
connecting facts with the relevant sections of law.
Under the BNSS, the procedural section related to framing of charge continues to follow the
principle of prima facie satisfaction of the court. If the materials suggest sufficient grounds, the
charge is framed and trial proceeds. If not, the accused is discharged.
Form and content of charges
Section 234 BNSS – Contents of Charge
Section 234 outlines what a charge must contain. The main points are:
1. Offence stated clearly:
The charge shall state the offence with which the accused is charged.
2. Name of the law and section:
If the law gives the offence a specific name, the charge must state that name, and mention
the law and section under which it is punishable.
3. Clear statement of facts:
If the offence has no specific name, the charge must contain a clear description of the
act alleged to constitute the offence.
4. Particulars of time, place, person:
The charge should include the time and place of the alleged offence, and the person
against whom or thing in respect of which the offence was committed.
5. Manner of committing the offence (if needed):
If the offence was committed in a particular manner (e.g., with deception, or cruelty),
the charge must specify that.
6. Multiple offences of same kind:
If the accused is charged with more than one offence, each must be in a separate head
of charge (unless permitted under joinder provisions).
Section 235 BNSS – Particulars as to Time, Place and Person
Section 235 elaborates further on specific details to be included when the charge refers to a
particular person, place, or time.
When the nature of the case requires it, the charge must include:
o The person involved (victim or party affected),
o The place of the incident, and
o The exact time or approximate time when the alleged offence occurred.
This helps to avoid vagueness or ambiguity, ensuring the accused can properly understand and
respond to the allegations.
Section 236 – When manner of committing offence must be stated
When the nature of the case is such that the manner in which the offence was committed is
essential to understand the charge, the charge shall contain such particulars.
Offence: Cheating (under Section 318 of Bharatiya Nyaya Sanhita)
General charge: "You are charged with cheating."
Under Section 236:
→ The charge must add:"…by dishonestly inducing Mr. X to deliver ₹5 lakhs on the false
promise of securing him a government job on 01.02.2025 at Ranchi."
237. In every charge words used in describing an offence shall be deemed to have been used in
the sense attached to them respectively by the law under which such offence is punishable.
Effect of Error in Charge Framing
Framing of charge is not merely procedural; it informs the accused of the specific accusation so
as to prepare a defense. However, an error in framing the charge does not automatically
vitiate the trial, unless it has caused a failure of justice.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the effect of error in charge
framing is governed primarily by: Section 238 & Section 510
238. No error in stating either the offence or the particulars required to be stated in the charge,
and no omission to state the offence or those particulars, shall be regarded at any stage of the
case as material, unless the accused was in fact misled by such error or omission, and it has
occasioned a failure of justice
Courts must assess whether the accused was misled or prejudiced.
If no prejudice is caused and the accused was aware of the case against him, conviction can
still stand.
The test is whether there was a failure of justice.
Section 510: No finding, sentence, or order shall be invalid merely because no charge was
framed or there was some error/omission in the charge, unless it resulted in a failure of
justice.
The appellate or revisional court must determine whether:
The accused was misled.
A fair trial was denied.
A failure of justice has occurred.
Remedy for Error:
Under BNSS, the appellate or revisional court may:
o Order a retrial,
o Quash the conviction, or
o Direct proper charge framing and rehearing if needed.
Example:
Let’s say X is accused of criminal breach of trust under Section 316 of Bharatiya Nyaya
Sanhita (BNS). However, due to a clerical mistake, the charge framed says "Section 317"
(which is related to cheating).
The trial proceeds, and evidence clearly relates to breach of trust.
X had full opportunity to defend himself on those facts.
No objection was raised at the time of framing of charge.
In such a case, under Section 510 BNSS, the conviction will not be set aside merely due to the
wrong section being cited in the charge—unless X shows that he was prejudiced or there was a
failure of justice.
Error in charge framing under BNSS does not automatically nullify the trial. Only if it
leads to a failure of justice, such as misleading the accused or denying fair opportunity to
defend, will it affect the trial outcome.Courts retain wide discretion to correct such errors without
invalidating the entire proceeding.
Alteration or addition of charges:
Section 239 BNSS: This provision empowers the court to alter or add to any charge at any time before
judgment is pronounced.
The alteration or addition can be made suo motu (on the court’s own), or upon application.
This must be communicated to the accused.
If the alteration prejudices the accused, the court must:
Either re-hear witnesses (if needed), or
Allow time to the accused to prepare a defense.
Example:
Suppose a person Y is charged under Section 324 BNS (voluntarily causing hurt by dangerous
weapons).
During trial, evidence shows serious injuries amounting to grievous hurt (which falls under
Section 326 BNS).
The court may:
Alter the charge from Section 324 to 326 under Section 239 BNSS.
Ensure Y is informed of the change and is given time or opportunity to recall witnesses or
adjust defense strategy.
Section 240 BNSS – Recall or Re-examination of Witness When Charge Altered
If a charge is altered or added under Section 239, and it prejudices the accused or prosecution, the
court may:
Recall and re-examine any witness who has already been examined,
Call any new witness, with regard to the newly altered charge.
This ensures fairness and natural justice.
Continuing the earlier example:
If Y’s defense lawyer had cross-examined a medical officer on injuries under Section
324,
After the charge is altered to Section 326 (grievous hurt),
The defense may re-call the medical officer to ask further questions relevant to the
more serious charge.
Basic rule of charge framing
The basic rule of charge framing under Section 241 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS), which deals with separate charges for distinct offences:
Separate Charges for Distinct Offences: One offence = One charge = One trial.
“For every distinct offence, there shall be a separate charge, and each such charge shall be
tried separately.”
This is a fundamental rule of criminal procedure that ensures:
Clarity of accusations, and
Fairness in trial, by not overwhelming the accused with multiple unrelated allegations in
a single trial.
Suppose Mr. A is accused of:
Theft of a motorcycle on 1st January,
Forgery of a document on 10th February, and
Criminal trespass on 15th March.
Each act is separate in time, location, and nature.
Under Section 241 BNSS, three separate charges and trials are required—unless they are
shown to be part of the same transaction (in which case exceptions under Section 242–245
BNSS may apply).
where the accused person, by an application in writing, so desires and the Magistrate is of
opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together
all or any number of the charges framed against such person
Exceptions to the basic rule
1.where the accused person, by an application in writing, so desires and the Magistrate is of
opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together
all or any number of the charges framed against such person
2 .Section 243 BNSS – Offences of Same Kind within 12 Months
Rule: A person may be charged and tried together for up to three offences of the same kind
committed within 12 months.
3. Section 242 BNSS – Offences Forming Same Transaction
Rule: When a person commits multiple offences in the course of the same transaction,
they can be charged and tried together.
