Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandates that in cases where proceedings are initiated based on a police report, the Magistrate must provide certain documents to the accused and the victim (if represented by an advocate) free of cost within 14 days from the date of the accused's production or appearance. This provision ensures transparency and fairness in the criminal justice process.
📄 Documents to be Furnished
The Magistrate is required to furnish copies of the following documents:(
Police Report: The report submitted by the police detailing the investigation and charges.
First Information Report (FIR): The FIR recorded under Section 173.
Witness Statements: Statements recorded under sub-section (3) of Section 180 of all persons whom the prosecution proposes to examine as witnesses. However, any part of a statement may be excluded if the police officer requests such exclusion under sub-section (7) of Section 193
Confessions and Statements: Any confessions and statements recorded under Section 183.
Other Documents: Any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of Section 193.
⚖️ Legal Context
This provision aligns with the principles of fair trial and due process, ensuring that the accused and the victim have access to the necessary documents to prepare for the trial. It is in line with the corresponding provisions in the Criminal Procedure Code (CrPC), which also emphasize the importance of providing copies of documents to the accused.
🔍 Practical Implications
For the Magistrate: Ensures compliance with the legal requirement to provide documents within the stipulated time frame.
For the Accused and Victim: Facilitates access to essential documents, promoting transparency and enabling effective participation in the trial process.
For Legal Practitioners: Assists in the preparation of defense or prosecution by having timely access to all relevant documents.
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