Section 230 BNSS: Supply to accused of copy of police report and other documents (Formerly Section 207 CrPC)

Section 230 of Bharatiya Nagarik Suraksha Sanhita, 2023: Supply to accused of copy of police report and other documents

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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 173;

(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 (7) 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 (6) 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 an advocate in Court: Provided also that supply of documents in electronic form shall be considered as duly furnished.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Police Report Sec 2(1)(p) Victim Sec 2(1)(w) First Information Report Sec 173

Legal Commentary & Landmark Judgments: Section 230

Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the free supply of the police report, statements, and all electronic documents to the accused, enshrining fair trial guarantees.

Electronic Supply of Documents: Section 230 expressly mandates the supply of police reports, statements, and documents to the accused in electronic form, including audio-video recordings and digital forensics evidence.
Speedy Trial Safeguards: Electronic transmission eliminates procedural delays historically caused by physical photocopying, ensuring the defense receives complete investigative records without delay.

Key Landmark Precedents:

P. Gopalkrishnan v. State of Kerala (2020) 9 SCC 161: The Supreme Court ruled that electronic documents and video recordings relied upon by the prosecution form part of the police report under Section 207 CrPC (Sec 230 BNSS) and must be furnished to the accused in clone form to ensure a fair trial.
Manoj v. State of M.P. (2023) 2 SCC 353: Mandated that the prosecution has an overarching duty of fair disclosure to furnish a list of all documents and statements seized during investigation, even those not relied upon in the charge-sheet, if they benefit the defense.

Legal Commentary:

Section 230 forms the evidentiary bedrock of the defense. Non-supply of complete copies of police papers, witness statements, or digital forensics violates Article 21 due process. Defense counsel must not argue on charge or discharge until full compliance with Section 230 is certified by the Court.