CrPC Section 250
CrPC Section 250 outlines the procedure for framing charges by the Magistrate after considering the evidence in a summons case.
CrPC Section 250 deals with the crucial step of framing charges in summons cases by a Magistrate. After the prosecution presents its evidence, the Magistrate must decide whether there is sufficient ground to proceed with the trial. This section ensures that the accused is clearly informed of the charges, promoting fairness and transparency in the criminal justice process.
Understanding Section 250 is important for anyone involved in criminal proceedings, as it marks the transition from investigation to trial. It safeguards the accused’s right to know the exact accusations and prepares both parties for the trial ahead.
CrPC Section 250 – Exact Provision
This provision requires the Magistrate to carefully examine the evidence and documents before deciding to frame charges. If the evidence suggests a reasonable possibility of the accused’s guilt, the Magistrate must formally charge the accused. The charge must be clear and explained to ensure the accused understands the allegations, enabling a fair trial.
Magistrate examines evidence and documents.
Charges are framed only if reasonable grounds exist.
Charges must be written, read, and explained to the accused.
Ensures accused understands the case against them.
Explanation of CrPC Section 250
Section 250 means the Magistrate looks at the evidence and decides if there is enough reason to charge the accused. If yes, the charge is formally written and explained to the accused before the trial starts.
The section mandates framing charges after considering evidence.
Affects the accused and the Magistrate conducting the trial.
Triggered after prosecution evidence is presented.
Allows the accused to know the charges clearly.
Prevents proceeding without sufficient grounds.
Purpose and Rationale of CrPC Section 250
This section exists to ensure that a trial proceeds only when there is a reasonable basis to believe the accused committed the offence. It protects the accused from unnecessary trials and ensures clarity about the charges, upholding the principles of natural justice.
Protects accused’s right to be informed.
Ensures procedural fairness before trial.
Balances judicial scrutiny with prosecution’s case.
Prevents frivolous or baseless trials.
When CrPC Section 250 Applies
Section 250 applies in summons cases after the prosecution has presented its evidence. The Magistrate must then decide whether to frame charges or discharge the accused.
Applies only in summons cases (less serious offences).
Magistrate has authority to frame charges.
Occurs after prosecution evidence is complete.
Discharge possible if no grounds found.
Trial proceeds only if charges are framed.
Cognizance under CrPC Section 250
Cognizance is taken by the Magistrate after reviewing the prosecution’s evidence and documents. The Magistrate hears both sides before deciding to frame charges. This step is essential to move from investigation to trial.
Magistrate reviews case record and evidence.
Hears prosecution and accused before framing charge.
Frames charge if reasonable grounds exist.
Bailability under CrPC Section 250
Section 250 itself does not specify bailability but relates to summons cases, which generally involve bailable offences. The accused may be granted bail depending on the nature of the offence and judicial discretion.
Summons cases usually involve bailable offences.
Bail granted as per offence and court’s discretion.
Section ensures accused is informed before trial and bail decisions.
Triable By (Court Jurisdiction for CrPC Section 250)
Cases under Section 250 are triable by the Magistrate who frames the charges. These are generally less serious offences tried in Magistrate courts.
Trial conducted by Magistrate who framed charges.
Summons cases fall under Magistrate’s jurisdiction.
Trial proceeds only after charge framing.
Appeal and Revision Path under CrPC Section 250
Decisions under Section 250, such as framing or discharge of charges, can be challenged by appeal or revision. The accused or prosecution may approach higher courts if aggrieved.
Appeal lies to Sessions Court against framing or discharge.
Revision petitions may be filed in High Court.
Timelines depend on procedural rules.
Example of CrPC Section 250 in Practical Use
Person X is accused of theft, a summons case. After the prosecution presents evidence, the Magistrate reviews the documents and hears both sides. Finding reasonable grounds, the Magistrate frames charges against X, explaining them clearly. This allows X to prepare a defense and ensures the trial proceeds fairly.
Section 250 ensured charges were framed only after evidence review.
Accused was informed properly, upholding fairness.
Historical Relevance of CrPC Section 250
Section 250 has evolved to formalize the charge framing process in summons cases, ensuring judicial oversight before trial. Amendments have clarified procedures and strengthened accused rights.
Introduced to prevent arbitrary trials.
Amended to include requirement of explaining charges.
Enhanced procedural safeguards over time.
Modern Relevance of CrPC Section 250
In 2026, Section 250 remains vital for fair criminal trials in summons cases. It supports transparent judicial processes and protects accused persons’ rights amid evolving legal standards.
Ensures clarity in criminal proceedings.
Supports digital evidence review in courts.
Balances efficiency with justice in trials.
Related Sections to CrPC Section 250
Section 251 – Framing of charges in warrant cases
Section 252 – Procedure when charge is not framed
Section 253 – Plea of guilty
Section 254 – Trial to proceed after framing charge
Section 256 – Discharge of accused
Case References under CrPC Section 250
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Charges must be framed only when there is a prima facie case against the accused.
- Bhagwan Singh v. State of Rajasthan (2000, AIR 2000 SC 1633)
– Magistrate’s discretion in framing charges should be exercised judicially and not arbitrarily.
- Ramesh v. State of Tamil Nadu (2001, AIR 2001 SC 123)
– Accused must be clearly informed of charges to prepare defense effectively.
Key Facts Summary for CrPC Section 250
- Section:
250
- Title:
Framing of Charges in Summons Cases
- Nature:
Procedural
- Applies To:
Magistrate, Accused
- Cognizance:
Taken after evidence consideration
- Bailability:
Generally bailable (summons cases)
- Triable By:
Magistrate
Conclusion on CrPC Section 250
CrPC Section 250 plays a pivotal role in the criminal justice system by ensuring that charges in summons cases are framed only after careful consideration of evidence. This protects the accused from unwarranted trials and guarantees that the trial process is fair and transparent.
By mandating the Magistrate to explain charges clearly, the section upholds the accused’s right to know the case against them. This fosters trust in the judicial process and promotes justice by balancing the rights of the accused with the interests of the prosecution.
FAQs on CrPC Section 250
What is the main purpose of CrPC Section 250?
The main purpose is to ensure that charges in summons cases are framed only when there is sufficient evidence, protecting the accused from unnecessary trials and informing them clearly of the allegations.
Who decides whether to frame charges under Section 250?
The Magistrate conducting the trial reviews the evidence and decides whether to frame charges against the accused in summons cases.
Does Section 250 apply to all criminal cases?
No, it specifically applies to summons cases, which are less serious offences tried by Magistrates.
Can the accused be discharged if charges are not framed?
Yes, if the Magistrate finds no reasonable ground to proceed, the accused can be discharged under this section.
Is the accused informed about the charges framed under Section 250?
Yes, the Magistrate must read and explain the substance of the charges to the accused to ensure they understand the allegations.