When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.
Bharatiya Nagarik Suraksha Sanhita
Section 261
Compliance with section 230
Englishहिंदी
⚡ Quick Answer Reference: Section 261 BNSS
- Provision: Section 261 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: When a case is started in court based on a police report, the judge must check that the accused has been treated fairly according to the rules in Section 230.
Statutory Content
What does Section 261 of BNSS say?
Indian StandardSection 261, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 261 (India)
Court Pleading StandardSection 261 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/261
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 261 of BNSS mean?
Plain English Explanation
When a case is started in court based on a police report, the judge must check that the accused has been treated fairly according to the rules in Section 230.
Practical Interpretation
This section ensures that the accused is treated fairly at the start of the trial by checking if the provisions of Section 230 have been followed.
Core Legal Purpose
The core purpose of this section is to ensure that the accused is treated fairly at the start of the trial by checking compliance with Section 230.
Key Legal Elements
- •The case is instituted on a police report.
- •The accused appears or is brought before a Magistrate at the commencement of the trial.
- •The Magistrate must satisfy himself that he has complied with the provisions of Section 230.
- •This section does not specify any exceptions or limitations.
Practical Example
Practical Example of Section 261 BNSS
Rajesh is accused of a crime and is brought before a Magistrate at the start of the trial. The Magistrate must check that Rajesh has been treated fairly according to the rules in Section 230. This includes ensuring that Rajesh has been informed of the charges against him, has been given a chance to defend himself, and has been treated in accordance with the law. If the Magistrate is satisfied that Rajesh has been treated fairly, he can proceed with the trial.
Common Questions (FAQ)
Frequently Asked Questions about Section 261 BNSS
Q: What is the punishment or consequence under Section 261 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 both private individuals and public entities in the context of a warrant-case instituted on a police report.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether an offence under this section is bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 261 BNSS
What is Section 261 of BNSS?
Section 261 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Compliance with section 230". In plain terms: When a case is started in court based on a police report, the judge must check that the accused has been treated fairly according to the rules in Section 230.
What is the punishment under Section 261 of BNSS?
Section 261 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 261 of BNSS bailable or non-bailable?
Whether Section 261 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 261 of BNSS?
The essential elements of Section 261 of BNSS are: The case is instituted on a police report.; The accused appears or is brought before a Magistrate at the commencement of the trial.; The Magistrate must satisfy himself that he has complied with the provisions of Section 230..
Landmark Case Laws
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