Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - 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 pleader in Court:
Provided further that supply of documents in electronic form shall be considered as duly furnished.
Brief Detail
Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires the Magistrate to provide the accused with copies of specific statements and documents in cases that are triable exclusively by the Court of Session. This includes statements from witnesses, any recorded confessions, and documents relied upon by the prosecution. If documents are voluminous, the accused may only inspect them in court. Electronic copies are also deemed valid.
Question & Answers
Q1: What documents must the Magistrate furnish to the accused in cases triable by the Court of Session?
A1: The Magistrate must furnish copies of statements recorded under sections 223 or 225, statements and confessions recorded under sections 180 or 183, and any documents produced before the Magistrate on which the prosecution proposes to rely.
Q2: What happens if the documents are voluminous?
A2: If the documents are voluminous, the Magistrate may allow the accused to inspect them in court instead of providing copies.
Q3: Are electronic copies of documents considered valid?
A3: Yes, the supply of documents in electronic form shall be considered as duly furnished.
Q4: In what type of cases does this section apply?
A4: This section applies to cases instituted otherwise than on a police report that are triable exclusively by the Court of Session.
Q5: When must the Magistrate provide these documents to the accused?
A5: The Magistrate must furnish these documents without delay and free of cost as soon as it is determined that the case is triable by the Court of Session.
Example
- Providing Copies: In a case initiated by complaint, if a Magistrate determines that the case is triable by the Court of Session, he provides the accused with copies of all relevant witness statements and confessions.
- Inspection of Voluminous Documents: If the prosecution presents a lengthy document, the Magistrate allows the accused to inspect it in court instead of handing over a copy.
Summary
Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that the accused in cases triable by the Court of Session receive essential statements and documents. This section emphasizes the right to access pertinent information while allowing for inspection of voluminous documents and recognition of electronic copies.
