Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 230: Supply to Accused of Copy of Police Report and Other Documents
In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—
- (i) the police report;
- (ii) the first information report recorded under section 193;
- (iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 193;
- (iv) the confessions and statements, if any, recorded under section 183;
- (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 193:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through advocate in Court:
Provided also that supply of documents in electronic form shall be considered as duly furnished.
Brief Detail
Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates that in cases initiated on a police report, the Magistrate must provide the accused and the victim (if represented) with copies of specific documents within fourteen days. These documents include the police report, first information report, witness statements, confessions, and other relevant documents. If any document is voluminous, the Magistrate may allow inspection instead of providing copies, and electronic copies are also considered valid.
Question & Answers
Q1: What documents must the Magistrate furnish to the accused and the victim?
A1: The Magistrate must furnish copies of the police report, first information report, witness statements, confessions, and any other relevant documents.
Q2: What is the time limit for providing these documents?
A2: The documents must be provided within fourteen days from the date of the production or appearance of the accused.
Q3: Can the Magistrate exclude parts of the statements from the documents provided?
A3: Yes, the Magistrate may exclude parts of the statements if a request for exclusion has been made by the police officer.
Q4: What happens if the document is voluminous?
A4: If a document is voluminous, the Magistrate may provide copies electronically or allow inspection by the accused or their advocate in court.
Q5: Are electronic copies of documents considered valid?
A5: Yes, the supply of documents in electronic form shall be considered as duly furnished.
Example
- Providing Copies: In a case initiated on a police report, the Magistrate provides the accused with a copy of the police report and witness statements within the stipulated fourteen days.
- Inspection of Documents: If the police report is lengthy, the Magistrate may allow the accused to inspect the document in court instead of providing a physical copy.
Summary
Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that the accused and the victim are provided with essential documents related to a police report within fourteen days. This section emphasizes the right to access information while allowing for flexibility in cases where documents may be voluminous, including the option for electronic copies.
