Section 274 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Substance Of Accusation To Be Stated.

Code: Section 274 BNSS

274.
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:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.

Explanation of Section 274 BNSS

Section 274 of the Bharatiya Nyaya Sanhita (BNSS) deals with the process followed when the accused appears or is brought before a Magistrate in a summons-case. This provision ensures that the accused is informed about the particulars of the offence and is given an opportunity to plead guilty or offer a defense.

Key Provisions:

1. Statement of Offence:
   The Magistrate will inform the accused of the particulars of the offence they are charged with.

2. Opportunity for the Accused:
   The accused will be given the chance to either plead guilty or state any defense they have. However, the formal framing of a charge is not necessary in this case.

3. Discharge for Groundless Accusations:
   If the Magistrate considers the accusation to be groundless, they may release the accused after recording the reasons for doing so. This release will have the effect of a discharge.

Illustration

Example 1: Informing the Accused

A summons is issued against the accused. The accused appears before the Magistrate. The Magistrate states the particulars of the offence (e.g., theft of property) and asks the accused whether they plead guilty or have any defense. The accused denies the charge and claims they have an alibi.

Example 2: Accusation Considered Groundless

The accused is brought before the Magistrate in a summons-case for a minor offence. Upon hearing the accusation, the Magistrate finds that the evidence does not support the charge. The Magistrate records the reasons in writing and releases the accused, treating the release as a discharge.

Common Questions and Answers on Section 274 BNSS

1. What happens when the accused appears in a summons-case?

• Answer: The Magistrate will state the particulars of the offence to the accused and ask if they plead guilty or have any defense to present. There is no need to frame a formal charge.

2. Can the accused be released immediately in a summons-case?

• Answer: Yes, if the Magistrate considers the accusation groundless, they can release the accused after recording the reasons for doing so, and the release will have the effect of discharge.

3. Is framing a formal charge necessary in a summons-case?

• Answer: No, in a summons-case, it is not necessary to frame a formal charge, although the accused must be informed of the particulars of the offence.

Conclusion

Section 274 BNSS streamlines the process in summons-cases, ensuring that the accused is informed of the offence and given a chance to respond. It also provides a safeguard by allowing the Magistrate to discharge the accused if the accusation is found to be groundless.