Section 251: Framing of charge
Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedural framework for the framing of charges against an accused individual in criminal proceedings.
Before framing charges, the judge has to examine the evidence that is put before him and ascertain whether there is a just cause to presume that the accused has committed the offense in question. This procedure helps avoid arbitrary charge framing and ensures that it is based on reasonable evidence. The judge needs to weigh all the available evidence so that there is a prima facie case before he frames the charge.
As the court does not exclusively have jurisdiction over every offense, the judge may frame the charge but then commit the case to be tried by a Chief Judicial Magistrate or any other Judicial Magistrate of the First Class. It is in this manner that cases not within the exclusive jurisdiction of the court are properly sent to courts with lesser jurisdictions.
In case of only triable by the Court of Session, the trial judge shall frame a charge in writing within sixty days from the date of the first hearing of the charge. This period is important to keep criminal procedures as efficient as possible and not cause undue delay in the course of the proceedings.
Procedural Aspects:The charge has to be worded in writing, which is one of the very critical procedural requirements. The written charge, therefore, goes on to define in very precise detail what is alleged against the accused and what kind of notice this is giving the accused to prepare a proper defense for themselves. The written charge, therefore, must be as precise and as specific as possible to avoid any vagueness or ambiguity regarding the allegations made.
-After the charge is framed, the judge is required to read the charge to the accused and explain it to him, so that the accused fully understands the nature of the charges brought against him. This step is crucial in protecting the principle of natural justice because it ensures that the accused is fully informed of the case he has to answer to. If the charges are not explained properly, the trial may not be fair.
Section 251(2) covers the provision relating to framing charges in the virtual presence of the accused. In fact, such a provision forms part of the modern judicial practice, aiming to speed up legal proceedings and not waste unnecessary delays. Virtual proceeding allows more flexibility and efficiency where the physical appearance of the accused is not practically possible.
