CrPC § 228 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

Section 228 CrPC — Framing of charge

Replaced from 1 July 2024 by BNSS 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 251 — Framing of charge

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) is exclusively triable by the Court, 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) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 251 in full

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