Framing of Charges under BNSS, 2023: A Step Toward Speedy Justice

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a replacement for the old Criminal Procedure Code (CrPC), seeks to revamp the Indian criminal justice system with a stronger focus on efficiency, victim rights, and timely justice. One of the most crucial procedural stages in a criminal trial is the framing of charges — the formal declaration of the specific offence(s) the accused is alleged to have committed.

The BNSS introduces substantial changes in this process to eliminate delays and bring clarity at the outset of a trial. This blog will walk you through what framing of charges means, how it is done under the new BNSS law, key differences from CrPC, and why this reform matters to every Indian.

📘 1. What is Framing of Charges?

Framing of charges is a stage in a criminal trial where the court formally declares the charges against the accused based on the prima facie evidence gathered during investigation. It ensures the accused knows:

What crime they are being prosecuted for.
The nature of evidence against them.
Their rights to defend themselves.

In simple terms, it is the foundation of the criminal trial — without charges, there can be no proper defence or prosecution.

⚖️ 2. Legal Basis under BNSS, 2023

In BNSS, the relevant sections related to the framing of charges are:

Section 245 – Charges in warrant cases instituted on a police report.
Section 247 – Charges in warrant cases otherwise than on police report.
Section 250 – Framing charges in sessions trials.
Section 254 – Explains content and form of charges.

The terminology and structure remain similar to the CrPC, but the BNSS adds clarity, timelines, and strict adherence to procedural discipline.

📆 3. Timelines: Fixed Time for Framing Charges

A significant reform under BNSS is the mandated timeline:

🕒 Charges must be framed within 60 days from the first hearing on the case post-cognizance.

This aims to:

Prevent indefinite delays.
Enable faster beginning of the trial process.
Enhance access to speedy justice.

Previously, under CrPC, there was no strict timeline, which led to unnecessary delays and prolonged pre-trial incarceration.

🧾 4. Procedure of Framing Charges (BNSS vs CrPC)

Let’s compare the procedure under BNSS with that under CrPC:

Stage	CrPC	BNSS
Cognizance by Court	Yes	Yes
First appearance of accused	Yes	Yes
Supply of documents	Often delayed	Strict deadline (Section 230 BNSS)
Hearing on charges	May take several adjournments	Must be completed in 60 days
Framing charges	No fixed format	Must be clear, written & signed
Digital recording	Not mandatory	Digital court records encouraged

BNSS not only formalizes the procedure but also introduces a discipline that binds the judiciary, prosecution, and defence alike.

🧑‍⚖️ 5. What Happens During Charge Framing?

The following process takes place:

Judge goes through police report/complaint.
Checks evidence and statements (under Section 183 BNSS).
Determines if prima facie case exists.
If yes, frames formal written charges and explains them to the accused.
Accused may plead guilty or claim to be tried.

👉 The process ensures transparency and fairness — the accused knows exactly what they’re defending against.

✍️ 6. Form and Content of Charges (Section 254, BNSS)

Under BNSS, charges must be:

Written clearly in the language understood by the accused.
Include the name of the offence, relevant section, date, time, and place of occurrence.
Multiple charges may be tried together or separately depending on court’s discretion.

For example:

"You, Mr. X, on 12th January 2024, at New Delhi, committed theft of a gold chain belonging to Ms. Y, thereby committing an offence punishable under Section 303 of the Bharatiya Nyaya Sanhita."

👥 7. Multiple Accused or Multiple Charges

BNSS allows:

Joint trials of several persons if the offences arise out of the same transaction.
Framing of alternative charges when it’s unclear which of several offences has been committed.

🔄 This provides flexibility to the court, ensuring all related offences are considered in one go, reducing trial duplication.

🚫 8. What if No Prima Facie Case Exists?

If the judge finds no sufficient grounds to proceed, the accused is discharged under:

Section 244 for warrant cases.
Section 249 for sessions cases.

This saves the time and cost of a full trial when evidence is too weak or baseless.

🧑‍⚖️ 9. Rights of the Accused During Framing of Charges

BNSS continues to uphold fundamental rights of the accused:

Right to be heard before charges are framed.
Right to legal aid.
Right to be informed of charges in a language they understand.
Right to challenge charges (revision or writ).

These safeguards prevent arbitrary prosecution and protect the dignity of individuals.

🧑‍💻 10. Digital Proceedings and E-Courts

In line with India’s push toward digital justice, BNSS promotes:

E-filing of charge sheets and framing orders.
Video-conference hearings in appropriate cases.
Real-time updates of charge framing and court orders via online court portals.

This ensures efficiency, accessibility, and transparency for both parties.

🧠 11. Why Is This Reform Important?

Delays in framing charges lead to:

Long pre-trial detentions.
Waste of court time and resources.
Frustration among victims and witnesses.
Backlog of cases.

By introducing clear deadlines, structured formats, and digital processes, BNSS ensures:

Swift initiation of trials.
Respect for the right to speedy justice under Article 21 of the Constitution.

🔍 12. Common Challenges in Charge Framing

Despite reforms, some challenges persist:

Inadequate investigation.
Poor drafting of police reports.
Lack of trained judicial officers.
Absence of supporting infrastructure for e-courts in rural areas.

These must be addressed through capacity building, police training, and technology investment.

📌 13. Case Example

Case: A person is accused of sexual harassment under Section 75 of BNS.

Police file charge sheet in 40 days.
Court receives the charge sheet, and documents are served to the accused within 10 days.
Judge examines evidence and frames charges in writing within 60 days.
Accused pleads not guilty; trial begins immediately.

⏱️ Under CrPC, this may have taken 6 months. Under BNSS, it is done in 2 months — saving time, ensuring justice.

🧭 14. What Should Advocates Do?

For advocates and litigants:

Be prepared with all documents and evidence by the first hearing.
Help clients understand the significance of charge framing.
Use legal remedies like revision or writs if charges are wrongly framed.

🧑‍⚖️ 15. Conclusion: Justice Begins at Framing

The framing of charges under BNSS is not a mere formality — it is the entry gate to the courtroom trial. By reforming this stage, the government has sent a clear message: Justice delayed is justice denied.

These reforms create a system where:

Victims get faster closure.
Accused are not kept in legal limbo.
Courts function more efficiently.

BNSS is an important step toward a transparent, modern, and citizen-friendly criminal justice system.

📞 Need help with a criminal case, framing of charges, or trial process?
Contact Advocate Anurag Gupta
📱 Mobile: 8240642015
💬 WhatsApp: 8931942803
📧 Email: gripshawlaw2005@gmail.com

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