When a person is accused of a crime in India, the journey from police investigation to an actual trial does not happen automatically. There is an important step in between: the stage of framing of charges and discharge. This is where a court decides whether the case is strong enough to go to trial or whether the accused should be set free at the pre-trial stage itself.
With the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has replaced the Code of Criminal Procedure, 1973 (CrPC), these rules have been recodified. However, the core principles remain largely the same. This blog explains what BNSS discharge and framing of charges mean, how Sections 239 to 246 work, what standard courts apply, and what important case laws say about this stage.
What Is Framing of Charges?
Framing of charges is the formal step in a criminal case where the court officially tells the accused what offence they are being tried for. It marks the beginning of the actual trial. Before this, there is an investigation phase and a pre-trial hearing where the court examines the prosecution material.
At this stage, the court does not decide whether the accused is guilty or innocent. It only looks at whether there is enough material on record to presume that the accused may have committed the offence. This is known as a “prima facie” test, which simply means a case good enough at first look.
What Is Discharge?
Discharge is the opposite of framing of charges. If the court finds that the prosecution material is weak, groundless, or legally insufficient, it can discharge the accused. Discharge means the accused is released before the trial even begins.
Under the BNSS, the relevant provisions for discharge are found in different sections depending on the type of case:
• Section 239 BNSS deals with discharge in warrant cases based on a police report.
• Section 246 BNSS deals with warrant cases that are not based on police reports.
• For sessions cases, Section 227 BNSS is the relevant provision.
These provisions broadly correspond to Sections 239, 245, and 227 of the old CrPC.
Sections 239 to 246 BNSS: The Framework
Sections 239 to 246 of the BNSS lay down the procedure for warrant cases. These are cases where the alleged offence is serious enough to require a warrant for the arrest of the accused.
Here is a simple breakdown of how the process works:
• Section 239 BNSS: If the court finds the charge groundless after considering the police report and related documents, it discharges the accused and records its reasons.
• Section 240 BNSS: If the court finds sufficient grounds, it frames the charge and reads it out to the accused.
• Section 241 BNSS: The accused is asked to plead guilty or claim trial.
• Sections 242 to 246 BNSS: These govern the actual trial procedure after charges are framed, including evidence and examination of witnesses.
The framing of charge under Section 240 BNSS is a judicial act. It cannot be done casually. The court must apply its mind to the facts and the law.
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The Standard of Scrutiny at the Charge Stage
One of the most important questions in this area of law is: how much evidence is needed to frame a charge?
Courts have consistently held that the standard at this stage is much lower than what is required for conviction. The court is not conducting a mini-trial. It only needs to find a “prima facie” case, meaning there should be sufficient material on record to presume that the accused committed the offence.
The Supreme Court laid down the key principles in State of Bihar v. Ramesh Singh (1977), which continue to apply under the BNSS:
• The judge must form a presumption that the accused has committed the offence.
• This presumption does not mean the accused is guilty; it only means the case deserves to go to trial.
• The court should not deeply analyse or weigh evidence at this stage.
Similarly, in Union of India v. Prafulla Kumar Samal (1979), the Supreme Court held that the judge must sift through the evidence and find whether there is sufficient ground for proceeding, but should not conduct a detailed inquiry into whether the evidence is reliable beyond doubt.
Grounds for Discharge
An accused can seek discharge if:
• The essential ingredients of the alleged offence are missing from the facts on record.
• Even if all the allegations are accepted as true, they do not make out any offence under the law.
• The prosecution case is legally barred, such as being time-barred or lacking a mandatory sanction.
• The case is inherently improbable on the face of it.
In Amit Kapoor v. Ramesh Chander (2012), the Supreme Court clarified that discharge should be granted when the case is so weak that allowing it to proceed to trial would itself be an abuse of the process of law.
Can a Framed Charge Be Deleted?
This is a question that came up in a recent and important Supreme Court judgment. The court held in Directorate of Revenue Intelligence v. Raj Kumar Arora (2025) that once charges have been framed, they cannot be deleted by invoking the power under Section 216 CrPC or its equivalent Section 239 BNSS. Section 239 BNSS only allows the court to add or alter charges, not to delete charges that have already been framed.
This is a significant ruling for judiciary aspirants to note. The power to delete charges exists at the discharge stage. Once charges are framed, they must end in either acquittal or conviction. The court cannot simply remove them midway.
Role of Case Law: State of Andhra Pradesh v. Raj Gopal Asawa (2004)
In State of Andhra Pradesh v. Raj Gopal Asawa (2004), the Supreme Court dealt with a circumstantial evidence case involving the “last seen theory.” The court held that in cases based on circumstantial evidence, when the accused was the last person seen with the deceased, this fact alone can form an important link in the chain of circumstances. Under certain conditions, it can be enough to sustain a conviction, provided the chain of circumstances is complete and points only to the guilt of the accused.
This case is relevant at the charge-framing stage because when investigators present evidence showing that the accused was last seen with the victim, courts may find sufficient grounds to frame the charge and proceed to trial. The court does not dismiss such cases for lack of direct evidence. Even circumstantial evidence, if prima facie cogent, can justify framing of charges.
A Key Reform: Timelines under BNSS
One practical change under the BNSS is the introduction of timelines to speed up the process. Section 251(1)(b) BNSS provides that in sessions cases, charges should ordinarily be framed within 60 days from the date of the first hearing. This is aimed at reducing the delays that plagued criminal trials under the CrPC regime.
Conclusion
The stage of BNSS discharge and framing of charges is one of the most important pre-trial moments in any criminal case. Sections 239 to 246 BNSS provide a clear framework for this process. The standard of scrutiny at this stage is low: the court only needs to find a prima facie case. Discharge is granted when the case is groundless or legally barred. Once charges are framed, they cannot be deleted midway. Important case laws like Raj Gopal Asawa and Prafulla Kumar Samal continue to guide courts even under the BNSS.
For judiciary aspirants, understanding this stage is crucial. It tests not just knowledge of provisions but also the ability to apply the correct legal standard at the right stage of a criminal proceeding.
Frequently Asked Questions (FAQs)
1. What is the difference between discharge and acquittal under BNSS?
Discharge happens before the trial begins, at the pre-trial stage, when the court finds no sufficient ground to proceed. Acquittal happens after the trial, when the court finds the accused not guilty based on evidence led during the trial.
2. Under which section of BNSS can an accused seek discharge in a warrant case based on a police report?
An accused can seek discharge under Section 239 BNSS in a warrant case that is based on a police report filed by the police.
3. Can the court consider the accused’s defence documents at the stage of framing of charges?
Generally, the court does not examine defence material at the charge stage. However, courts may consider documents that are unimpeachable in character and are already part of the prosecution record.
4. What happens after charges are framed under Section 240 BNSS?
After charges are framed, the court reads out and explains the charge to the accused. The accused is then asked to plead guilty or claim trial. If the accused claims trial, the prosecution leads its evidence.
5. Can Section 239 BNSS be used to delete an already framed charge?
No. The Supreme Court has clearly held that Section 239 BNSS (equivalent to Section 216 CrPC) only permits addition or alteration of charges. It cannot be used to delete charges that have already been framed by the court.
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