Section 261 BNSS: Compliance with section 230 (Formerly Section 238 CrPC)

Section 261 of Bharatiya Nagarik Suraksha Sanhita, 2023: Compliance with section 230

Official Bare Act Text

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

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

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 261

Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that the Magistrate in warrant-cases instituted on a police report must verify complete supply of documents under Section 230.

Process Issuance & Attendance: Section 261 provides that when, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall satisfy themselves that they have complied with the provisions of Section 230.
Framing & Alteration of Charges: This ensures that the accused receives all police papers, statements, and electronic records before any argument on discharge or charge begins.

Key Landmark Precedents:

Superintendent & Remembrancer of Legal Affairs v. Satyen Bhowmick (1981) 2 SCC 109: The Supreme Court ruled that compliance with Section 207 CrPC (Sec 230 BNSS) is a mandatory condition precedent before commencing trial; proceeding without supplying documents invalidates the trial.
P. Gopalkrishnan v. State of Kerala (2020) 9 SCC 161: Reaffirmed that the Magistrate must certify that all digital evidence, cloned drives, and police papers have been furnished to the accused.

Legal Commentary:

Section 261 is an indispensable procedural checkpoint in Magistrate courts. Defense practitioners must verify that all FIR annexures, call data records (CDRs), and forensic reports have been furnished in legible form before submitting to the jurisdiction for charge arguments.