Bharatiya Nagarik Suraksha Sanhita, 2023

Section 230 BNSS - Supply to Accused of Copy of Police Report and Other Documents

Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Magistrate, in a case instituted on a police report, to furnish specified documents free of cost to the accused and also to the victim where the victim is represented by an advocate.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. It came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 230 BNSS

230. Supply to accused of copy of police report and other documents.

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.

Meaning of Section 230 BNSS

Section 230 is a disclosure provision in cases instituted on a police report. It ensures that the accused receives the basic prosecution material needed to understand the case and prepare a defence. The provision also extends free supply to the victim where the victim is represented by an advocate.

Fourteen-Day Time Limit

The Magistrate must act without delay and, in any event, not later than fourteen days from the date on which the accused is produced before the Court or appears before the Court. This express outer limit is a notable feature of Section 230 BNSS.

Who receives the documents? The accused and the victim, if the victim is represented by an advocate.
Cost The documents covered by Section 230 are to be furnished free of cost.
Time limit Supply must be made without delay and not beyond fourteen days from production or appearance of the accused.
Electronic supply Documents supplied electronically are expressly treated as duly furnished.

Documents to Be Supplied Under Section 230

  • The police report.
  • The FIR recorded under Section 173 BNSS.
  • Statements recorded under Section 180(3) of prosecution witnesses, subject to the statutory exclusion procedure under Section 193(7).
  • Confessions and statements, if any, recorded under Section 183 BNSS.
  • Other documents or relevant extracts forwarded with the police report under Section 193(6).

Relevant Cross-Referenced BNSS Provisions

Section 173 BNSS - Information in Cognizable Cases

Section 173 deals with information relating to the commission of a cognizable offence. Section 230 specifically requires a copy of the first information report recorded under Section 173 to be furnished.

Section 180 BNSS - Examination of Witnesses by Police

Section 180 permits the investigating police officer to examine persons acquainted with the facts and circumstances of the case. Sub-section (3) permits statements to be reduced into writing, and Section 230 requires supply of the statements of persons whom the prosecution proposes to examine as witnesses, subject to the exclusion procedure stated in Section 193.

Section 183 BNSS - Recording of Confessions and Statements

Section 183 governs the recording of confessions and statements in the circumstances specified there. Any confession or statement falling within Section 230(iv) is to be supplied under Section 230.

Section 193 BNSS - Police Report on Completion of Investigation

Section 193 governs the police report on completion of investigation and the forwarding of relevant material to the Magistrate. Section 230 refers specifically to Section 193(6) for documents forwarded with the police report and to Section 193(7) for requests to exclude parts of witness statements from copies supplied.

Excluded Portions of Witness Statements

Where the police officer has requested exclusion of part of a witness statement under Section 193(7), the Magistrate is not bound simply to accept the request. The Magistrate may examine the relevant part and the reasons given and may direct that the whole or an appropriate portion be furnished to the accused.

Voluminous Documents and Electronic Supply

If a document is voluminous, the Magistrate may provide copies through electronic means or direct that the document be inspected personally or through an advocate in Court. The final proviso removes doubt by expressly stating that supply in electronic form is treated as duly furnished.

Relationship With Sections 229, 231 and 232 BNSS

Section 229 BNSS deals with special summons in petty offence cases. Section 230 then addresses disclosure in cases instituted on a police report.

Section 231 governs supply of statements and documents in certain cases instituted otherwise than on a police report and triable exclusively by the Court of Session. Section 232 requires compliance with Section 230 or Section 231 before commitment of an exclusively Sessions-triable case to the Court of Session.

Corresponding Provision Under the CrPC

Section 230 BNSS broadly corresponds to Section 207 of the Code of Criminal Procedure, 1973. BNSS adds an express fourteen-day outer limit, includes supply to the victim if represented by an advocate, and expressly recognises electronic supply of documents as duly furnished.

Key Points Under Section 230

  • The provision applies to proceedings instituted on a police report.
  • Supply must be made without delay and within fourteen days from production or appearance of the accused.
  • Copies are furnished free of cost.
  • The accused and a represented victim are both covered.
  • The police report, FIR, relevant witness statements, confessions and other forwarded documents are included.
  • The Magistrate may review a police request to withhold part of a witness statement.
  • Voluminous material may be furnished electronically or made available for inspection.
  • Electronic supply is expressly deemed valid furnishing under the section.
Practical note: In an actual case, the Court record should be checked to confirm the date of production or appearance of the accused, the material filed with the police report, any request under Section 193(7), and the mode and date on which documents were furnished.