Section 274 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 274 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the procedure followed when an accused person appears in a summons-case before a Magistrate.
📜 Section 274: Substance of Accusation to Be Stated
When an accused appears or is brought before the Magistrate in a summons-case, the particulars of the offence of which they are accused shall be stated to them. The accused shall then be asked whether they plead guilty or have any defence to make. Notably, it is not necessary to frame a formal charge.
Proviso: If the Magistrate considers the accusation groundless, they shall release the accused after recording reasons in writing. Such release shall have the effect of discharge.
⚖️ Comparison with CrPC Section 251
Section 274 of the BNSS, 2023 corresponds to Section 251 of the Code of Criminal Procedure (CrPC), 1973. Both sections mandate that the particulars of the offence be stated to the accused in a summons-case and allow the accused to plead guilty or present a defence. The BNSS, 2023 introduces the provision that if the Magistrate deems the accusation groundless, the accused may be released, which is not explicitly stated in Section 251 of the CrPC.
🧾 Example Scenario
Scenario: An individual, Ravi, is summoned to appear before a Magistrate for a minor offence. Upon appearance, the Magistrate informs Ravi of the particulars of the offence and asks if he pleads guilty or has a defence. Ravi pleads not guilty and presents a valid defence. The Magistrate proceeds with the trial accordingly.
Application of Section 274: The Magistrate follows the procedure outlined in Section 274 of the BNSS, 2023, by stating the particulars of the offence to Ravi and allowing him to plead guilty or present a defence, without the necessity of framing a formal charge.
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