Session.—Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:— (i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate; (ii) the statements and confessions, if any, recorded under section 180 or section 183; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided further that supply of documents in electronic form shall be considered as duly furnished.
Bharatiya Nagarik Suraksha Sanhita
Section 231
Supply of copies of statements and documents to accused in other cases triable by Court of
⚡ Quick Answer Reference: Section 231 BNSS
- Provision: Section 231 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- Jurisdiction: India
- Summary: This section requires a Magistrate to provide the accused with copies of statements and documents when the case is triable by the Court of Session and was not initiated through a police report.
What does Section 231 of BNSS say?
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What does Section 231 of BNSS mean?
Plain English Explanation
This section requires a Magistrate to provide the accused with copies of statements and documents when the case is triable by the Court of Session and was not initiated through a police report.
Practical Interpretation
In practice, this means the Magistrate must give the accused free copies of witness statements, confessions, and relevant documents before the case is tried in the higher court.
Core Legal Purpose
The purpose is to ensure the accused has access to all relevant information to prepare their defense before the case is heard in the Court of Session.
- •The case must be instituted otherwise than on a police report.
- •The offence must be triable exclusively by the Court of Session.
- •The Magistrate must be satisfied that the document is voluminous to allow inspection instead of furnishing a copy.
- •Supply of documents in electronic form is considered as duly furnished.
Practical Example of Section 231 BNSS
Rajesh is accused of a serious offence that is triable by the Court of Session. The case was initiated by a private complaint. Before the case is transferred to the Court of Session, the Magistrate must provide Rajesh with copies of all statements and documents, including those of witnesses and any confessions, to ensure he can prepare his defense.
Frequently Asked Questions about Section 231 BNSS
Q: What is the punishment or consequence under Section 231 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to cases instituted otherwise than on a police report, which can involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable; it is a procedural provision related to the supply of documents.
Common Questions about Section 231 BNSS
What is Section 231 of BNSS?
Section 231 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Supply of copies of statements and documents to accused in other cases triable by Court of". In plain terms: This section requires a Magistrate to provide the accused with copies of statements and documents when the case is triable by the Court of Session and was not initiated through a police report.
What is the punishment under Section 231 of BNSS?
Section 231 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 231 of BNSS bailable or non-bailable?
Whether Section 231 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 231 of BNSS?
The essential elements of Section 231 of BNSS are: The case must be instituted otherwise than on a police report.; The offence must be triable exclusively by the Court of Session.; The Magistrate must be satisfied that the document is voluminous to allow inspection instead of furnishing a copy..
Landmark Judgments under Section 231 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 231
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