Bharatiya Nagarik Suraksha Sanhita, 2023–Secs. 249 [ Corresponding Sec. 226 of Cr.P.C., 1973]–Nature of provision–Section obligates the Public Prosecutor to “open the case” by describing the charge and stating by what evidence the prosecution proposes to establish guilt–The Phrase “shall open” is peremptory and admits of no discretion–Framing of charge without such prosecutional articulation reduces the judicial exercise to a formal endorsement of the charge sheet which, the law expressly prohibits.
