Section 231 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 231 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandates that in cases instituted otherwise than on a police report, where the offence is triable exclusively by the Court of Session, the Magistrate issuing process under Section 227 must furnish the accused with copies of certain documents and statements.
📜 Text of Section 231
Section 231: Supply of copies of statements and documents to accused in other cases triable by Court of 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.
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 231 of the BNSS aligns with Section 208 of the Cr.P.C., which similarly requires the Magistrate to furnish the accused with copies of statements and documents in cases triable by the Court of Session. Both provisions aim to ensure the accused has access to relevant materials to prepare an adequate defence.
🧭 Practical Implications
Ensuring Fair Trial: By providing the accused with copies of statements and documents, Section 231 upholds the principle of natural justice, allowing the accused to prepare an effective defence.
Handling Voluminous Documents: In cases involving extensive documentation, the provision allows the Magistrate to permit inspection of documents in Court, balancing the need for transparency with practical considerations.
Modernization through Electronic Access: The acceptance of electronic copies aligns with modern practices, facilitating quicker and more efficient access to documents.
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