Section 261 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 261 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandates that, in any warrant-case instituted on a police report, when the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate must ensure compliance with the provisions of Section 230.(
📜 Text of Section 261
Section 261: Compliance with section 230
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.
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 261 of the BNSS is analogous to Section 238 of the Cr.P.C., which similarly requires the Magistrate to ensure compliance with the provisions of Section 207 (supply of documents) when the accused appears at the commencement of the trial. Both provisions aim to ensure that the accused is informed of the evidence and documents in the case, facilitating a fair trial.
🧭 Practical Implications
Ensuring Fair Trial: By mandating the Magistrate to verify compliance with Section 230, Section 261 ensures that the accused has access to all necessary documents and evidence, promoting transparency and fairness in the trial process
Preventing Delays: This provision helps in preventing unnecessary delays in the trial by ensuring that all procedural requirements are met at the outset.
Safeguarding Rights of the Accused: It safeguards the rights of the accused by ensuring they are fully informed of the case against them, enabling them to prepare an adequate defence.
RELATED Blog
0 comments