Section 231 of BNSS, 2023 — Supply of Copies of Statements and Documents to Accused in Other Cases Triable by Court of Session

Introduction

Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the supply of copies of statements and documents to the accused in cases instituted otherwise than on a police report, where the offence is triable exclusively by the Court of Session.

The provision ensures that an accused receives the necessary material before the case proceeds to the Court of Session, enabling the accused to understand the allegations and prepare an effective defence.

Meaning of Section 231

Section 231 applies to cases where:

• the proceedings are instituted otherwise than on a police report; and
• the case is triable exclusively by the Court of Session.

In such cases, the Magistrate must furnish the accused with copies of the relevant statements and documents relied upon in the proceedings.

The provision is therefore an important safeguard for an accused facing a serious offence that will ultimately be tried by the Court of Session.

Object and Purpose

The main purposes of Section 231 are:

• To ensure that the accused receives relevant prosecution material.
• To enable the accused to understand the case against him.
• To provide a meaningful opportunity to prepare a defence.
• To promote fairness and transparency in criminal proceedings.
• To ensure that the accused is not sent to the Court of Session without receiving the necessary documents.
• To facilitate the proper conduct of the Sessions trial.

When Does Section 231 Apply?

Section 231 applies when both of the following conditions are satisfied:

1. Case Instituted Otherwise Than on a Police Report

The case must not have been instituted on the basis of a police report.

It may arise, for example, from a complaint or other proceeding instituted before the Magistrate.

2. Offence Triable Exclusively by Court of Session

The offence must be one that is required to be tried exclusively by the Court of Session.

Therefore, Section 231 specifically addresses serious complaint cases that proceed from the Magistrate to the Sessions Court.

Documents and Statements to Be Supplied

The Magistrate must furnish copies of the prescribed material to the accused.

This includes relevant:

• statements;
• documents;
• examination material; and
• other materials required under the provision.

The purpose is to ensure that the accused has access to the material necessary for understanding and defending the case.

Procedure under Section 231

The procedure can be understood as follows:

1. A complaint or other case is instituted before a Magistrate.
2. The case is instituted otherwise than on a police report.
3. The Magistrate determines that the offence is triable exclusively by the Court of Session.
4. The Magistrate ensures that the prescribed statements and documents are supplied to the accused.
5. After complying with the document-supply requirement, the Magistrate proceeds according to the applicable procedure for cases triable exclusively by the Court of Session.
6. The case may thereafter be committed to the Court of Session for trial.

Importance of Supplying Documents

The accused must know the material forming the basis of the prosecution case before the matter proceeds to trial.

Supply of documents enables the accused to:

• understand the allegations;
• examine the prosecution material;
• consult and instruct the defence lawyer;
• prepare an appropriate defence;
• identify weaknesses or inconsistencies in the prosecution case.

Section 230 vs Section 231

This distinction is particularly important.

Section 230

Section 230 deals with cases instituted on a police report.

It provides for supply of the police report and other prescribed documents to the accused.

Section 231

Section 231 deals with cases instituted otherwise than on a police report where the offence is triable exclusively by the Court of Session.

Thus:

Section 230 → Police-report cases

Section 231 → Other cases triable exclusively by Court of Session

Relationship with Section 230

Sections 230 and 231 complement each other.

Section 230 provides the document-supply mechanism for cases instituted on a police report.

Section 231 provides the corresponding protection in cases instituted otherwise than on a police report and which are exclusively triable by the Court of Session.

Together, they ensure that the accused receives the relevant material regardless of whether the case originated from a police investigation or otherwise.

Relationship with Section 232

Section 232 deals with the commitment of a case to the Court of Session where the offence is triable exclusively by that Court.

Section 231 therefore operates before or in connection with the commitment stage by ensuring that the accused receives the necessary copies of statements and documents.

BNSS and CrPC

Section 231 of the BNSS corresponds to Section 208 of the Code of Criminal Procedure, 1973.

The basic principle has been retained.

The corresponding provision under the earlier law dealt with the supply of copies of statements and documents to the accused in cases instituted otherwise than on a police report and triable exclusively by the Court of Session.

The principal change is the renumbering from Section 208 CrPC to Section 231 BNSS.

Example

A complaint is filed before a Magistrate alleging an offence that is exclusively triable by the Court of Session.

The case has not been instituted on a police report.

Before the case proceeds towards the Sessions Court, the Magistrate must ensure that the accused receives copies of the relevant statements and documents required under Section 231.

This enables the accused to understand the prosecution case and prepare for the proceedings before the Court of Session.

Common Confusions

Does Section 231 apply to police-report cases?

No.

Section 230 primarily governs the supply of documents in cases instituted on a police report.

Section 231 applies to cases instituted otherwise than on a police report and triable exclusively by the Court of Session.

Does Section 231 itself conduct the Sessions trial?

No.

The provision concerns the supply of copies of statements and documents to the accused.

The actual trial of an offence exclusively triable by the Court of Session takes place before the Sessions Court.

Is Section 231 applicable to every complaint case?

No.

The case must also involve an offence that is triable exclusively by the Court of Session.

Topic at a Glance

• BNSS Section: 231
• Subject: Supply of copies of statements and documents to accused in other cases triable by Court of Session
• Applicable cases: Cases instituted otherwise than on a police report
• Additional requirement: Offence must be triable exclusively by Court of Session
• Purpose: Ensure accused receives relevant statements and documents
• Related provision: Section 230
• Next procedural stage: Commitment to Court of Session under Section 232
• Corresponding CrPC provision: Section 208
• Nature: Procedural safeguard

Quick Revision

• Section 231 deals with supply of copies of statements and documents to the accused.
• It applies to cases instituted otherwise than on a police report.
• The offence must be triable exclusively by the Court of Session.
• The Magistrate must furnish the prescribed statements and documents to the accused.
• The provision helps the accused prepare an effective defence.
• Section 230 applies to police-report cases.
• Section 231 applies to other Sessions-triable cases.
• Section 232 deals with commitment of the case to the Court of Session.
• Section 231 BNSS corresponds to Section 208 CrPC.

ASLO READ: Section 230 – Supply to accused of copy of police report and other documents

Conclusion

Section 231 of the BNSS ensures that an accused in a case instituted otherwise than on a police report and triable exclusively by the Court of Session receives the necessary statements and documents before the case proceeds further. It is an important procedural safeguard that promotes fairness, transparency and the accused’s ability to prepare an effective defence.