What Is BNSS Section 261?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 261: Compliance with Section 231

When, in any warrant-case instituted on a police report, the accused appears or is brought before a Judicial Magistrate at the commencement of the trial, the Judicial Magistrate shall satisfy himself that he has complied with the provisions of section 230.

Brief Detail

This section emphasizes the responsibility of the Judicial Magistrate at the beginning of a trial in warrant-cases initiated on a police report. It mandates that the Magistrate must confirm compliance with the provisions outlined in section 230 before proceeding further in the trial.

Question & Answers

What must a Judicial Magistrate verify when the accused appears at the commencement of the trial?

The Judicial Magistrate must satisfy himself that he has complied with the provisions of section 230.

In what type of case does this section apply?

This section applies to warrant-cases instituted on a police report.

What is the significance of compliance with section 230?

Compliance with section 230 is essential to ensure that legal procedures are properly followed before the trial can proceed.

Example

• Example 1: In a warrant-case for theft, when the accused is brought before the Judicial Magistrate, the Magistrate checks that all procedural requirements of section 230 are met before starting the trial.
• Example 2: If an accused appears before the Judicial Magistrate in a fraud case, the Magistrate confirms compliance with section 230 to ensure the trial can move forward without legal complications.

Summary

Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that a Judicial Magistrate must confirm compliance with section 230 when an accused appears at the start of a trial in warrant-cases based on a police report. This ensures that legal protocols are followed, safeguarding the integrity of the judicial process.