Section 231 BNSS: Supply of copies of statements and documents to accused in other cases triable by Court of Session (Formerly Section 208 CrPC)

Section 231 of Bharatiya Nagarik Suraksha Sanhita, 2023: Supply of copies of statements and documents to accused in other cases triable by Court of Session

Official Bare Act Text

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

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 an advocate in Court:

Provided further 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)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 231

Section 231 mandates the Magistrate to furnish to the accused, free of cost and without delay, copies of all statements and documents in cases instituted otherwise than on a police report (complaint cases) where the offence is triable exclusively by the Court of Session (replacing Section 208 CrPC).

Session-Triable Complaint Case: Private complaint alleging murder, dacoity, or offences triable exclusively by Sessions.
Free Supply of Documents: Mandatory supply of: (1) statements recorded under Section 223/225; (2) statements recorded under Section 183; and (3) all documents produced by complainant.
Pre-Committal Requirement: Committal cannot take place until all documents are supplied to the accused.

Key Landmark Precedents:

Sanjay Gandhi v. Union of India (1978) 2 SCC 411: The Supreme Court held that supplying copies of statements under Section 208 CrPC (Section 231 BNSS) is a vital pre-trial safeguard ensuring the accused knows the complete case before facing the Sessions trial.
V.K. Sasikala v. State (2012) 9 SCC 771: Reaffirmed that the accused is entitled to all documents relied upon by the complainant to prepare an effective defence.

Courtroom Practice & Strategic Litigation Guidance:

At the committal stage of a private complaint before the JMFC, inspect the court file. If the magistrate commits the case without supplying typed copies of all witness statements under Section 231, move for stay of Sessions committal.