Chapter XX
Section 251 CrPC: Substance of accusation to be stated
New Law Update (2024)
Section 260 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.
Important Sub-Sections Explained
Landmark Judgements
Nalini R. Shah v. State of Maharashtra (1977):
The Supreme Court clarified that in summons cases, a detailed examination of the accused, as in warrant cases, is not necessary. It is sufficient for the Magistrate to state the substance of the accusation to the accused, facilitating a simpler and quicker procedure.
Bhushan Kumar and Anr. v. State (NCT of Delhi) and Anr. (2012):
The Supreme Court reiterated that under Section 251 CrPC, the Magistrate is only required to state the substance of the accusation to the accused and inquire if they plead guilty or have any defence. A formal charge is explicitly not necessary to be framed in summons cases, distinguishing the procedure from warrant cases.