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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 187-235
Section 187
Section 188
Section 189
Section 190
Section 191
Section 192
Section 193
Section 194
Section 195
Section 196
Section 197
Section 198
Section 198-A
Section 199
Section 200
Section 201
Section 202
Section 203
Section 204
Section 205
Section 206
Section 207
Section 208
Section 209
Section 210
Section 211
Section 212
Section 213
Section 214
Section 215
Section 216
Section 217
Section 218
Section 219
Section 220
Section 221
Section 222
Section 223
Section 224
Section 225
Section 226
Section 227
Section 228
Section 229
Section 230
Section 231
Section 232
Section 233
Section 234
Section 235
Section 228- Framing of charge

If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-

(a) Is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) Is exclusively triable by the court, he shall frame in writing a charge against the accused.
Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

STATE AMENDMENTS

KARNATAKA:

In clause (a), of sub-section (1), for the words "to the Chief Judicial Magistrate and hereupon the "Chief Judicial Magistrate" the words " to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case and thereulpon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred" shall be substituted.

[Vide Karnatka Act 22 of 1994, sec. 2 (w.e.f. 18-5-2024)].

WEST BENGAL:

In Clause (a) of sub-seclion (1) of section 228, for the words "to the Chief Judicial Magistrate" and thereupon the Chief Judicial Magistrate" the words "to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred" shall be substituted.

[Vide W.B. Act 63 of 1978 (w.e.f. 1-6-2024)].
     
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