In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:— (i) the police report; (ii) the first information report recorded under section 173; (iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193; (iv) the confessions and statements, if any, recorded under section 183; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided also that supply of documents in electronic form shall be considered as duly furnished.
Bharatiya Nagarik Suraksha Sanhita
Section 230
Supply to accused of copy of police report and other documents
⚡ Quick Answer Reference: Section 230 BNSS
- Provision: Section 230 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- Jurisdiction: India
- Summary: This section requires the Magistrate to give a copy of the police report and other documents to the accused and the victim, free of cost, within 14 days of the accused's appearance. The documents include the police report, first information report, witness statements, confessions, and other relevant documents.
What does Section 230 of BNSS say?
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What does Section 230 of BNSS mean?
Plain English Explanation
This section requires the Magistrate to give a copy of the police report and other documents to the accused and the victim, free of cost, within 14 days of the accused's appearance. The documents include the police report, first information report, witness statements, confessions, and other relevant documents.
Practical Interpretation
In practice, this section ensures that the accused and the victim have access to crucial evidence and information, enabling them to prepare their case effectively. The Magistrate must provide the documents in a timely manner, usually within 14 days, to prevent any undue delay in the proceedings.
Core Legal Purpose
The core purpose of this section is to ensure that the accused and the victim have equal access to information and evidence, promoting fairness and transparency in the legal process. By providing the necessary documents, the Magistrate facilitates the accused's right to a fair trial and enables the victim to participate effectively in the proceedings.
- •The proceeding has been instituted on a police report.
- •The accused has appeared before the Magistrate.
- •The documents to be furnished include the police report, first information report, witness statements, confessions, and other relevant documents.
- •The Magistrate may exclude certain parts of witness statements if requested by the police officer.
Practical Example of Section 230 BNSS
Rajesh, a suspect in a theft case, is produced before the Magistrate. The Magistrate must furnish Rajesh and the victim, Priya, with a copy of the police report, first information report, witness statements, and other relevant documents within 14 days. However, if the police officer requests to exclude certain parts of the witness statements, the Magistrate may do so after perusing the statements and considering the reasons provided by the police officer.
Frequently Asked Questions about Section 230 BNSS
Q: What is the punishment or consequence under Section 230 of BNSS?
This section does not specify any punishment or consequence for non-compliance. However, failure to provide the necessary documents within the stipulated time may lead to delays in the proceedings, which can impact the accused's right to a fair trial.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it pertains to the Magistrate's duty to furnish documents in criminal proceedings.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create any offence. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 230 BNSS
What is Section 230 of BNSS?
Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Supply to accused of copy of police report and other documents". In plain terms: This section requires the Magistrate to give a copy of the police report and other documents to the accused and the victim, free of cost, within 14 days of the accused's appearance. The documents include the police report, first information report, witness statements, confessions, and other relevant documents.
What is the punishment under Section 230 of BNSS?
Section 230 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 230 of BNSS bailable or non-bailable?
Whether Section 230 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 230 of BNSS?
The essential elements of Section 230 of BNSS are: The proceeding has been instituted on a police report.; The accused has appeared before the Magistrate.; The documents to be furnished include the police report, first information report, witness statements, confessions, and other relevant documents..
What is the IPC equivalent of Section 230 of BNS?
Section 230 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 207 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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