Section 207 CrPC: Supply of Police Report and Documents to Accused
A person prosecuted on a police report must receive the prescribed prosecution documents so that the accusation and supporting material can be understood and an effective defence prepared. The earlier rule was Section 207 of the Code of Criminal Procedure, 1973 (CrPC). Its corresponding provision is Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, subject to the statutory savings for pending proceedings.
Meaning and purpose of Section 207 CrPC
Section 207 required the Magistrate, in a case instituted on a police report, to furnish specified documents to the accused without delay and free of cost. This disclosure is a procedural safeguard: it enables the accused to know the prosecution case before the trial progresses. The provision applies to police-report cases; separate rules govern certain complaint cases.
Documents required under Section 207 CrPC
The original section specified five categories:
- Police report: the report submitted on completion of investigation under Section 173 CrPC.
- First information report (FIR): the information recorded under Section 154 CrPC.
- Prosecution witness statements: statements recorded under Section 161(3) CrPC of persons proposed as prosecution witnesses, subject to the exclusion request under Section 173(6).
- Confessions and statements: any recorded under Section 164 CrPC.
- Other supporting documents: documents or relevant extracts forwarded with the police report under Section 173(5) CrPC.
Exceptions and inspection
If the investigating officer requested withholding of part of a witness statement, the Magistrate had to consider the stated reasons and could nevertheless order disclosure of all or part of that material. For voluminous documents in the fifth category, the Magistrate could allow inspection in court personally or through a pleader instead of supplying copies.
Current law: Section 230 BNSS
Section 230 BNSS governs supply of the police report and related documents in police-report proceedings under the new procedural code. The Magistrate must furnish copies without delay and in no case beyond fourteen days from the date of production or appearance of the accused, free of cost, to the accused and to the victim if represented by an advocate.
The prescribed material includes the police report, FIR, prosecution witness statements, confessions and statements, and other documents or relevant extracts forwarded with the report. Under the BNSS, the corresponding investigative provisions include Sections 173 (information in cognizable cases), 180 (examination of witnesses by police), 183 (recording confessions and statements), and 193 (police report on completion of investigation).
The Magistrate may examine a police request to exclude part of a statement and order disclosure as appropriate. Where a document is voluminous, the law provides for inspection rather than furnishing a physical copy. Supply in electronic form is treated as duly furnished under the statutory proviso.
Key practical distinctions
| Issue | Section 207 CrPC | Section 230 BNSS |
|---|---|---|
| Time for supply | Without delay | Without delay, not beyond 14 days from production or appearance |
| Recipient | Accused | Accused and victim, if represented by an advocate |
| Cost | Free of cost | Free of cost |
| Electronic copies | No express equivalent in Section 207 | Electronic supply expressly recognised |
| Voluminous documents | Court inspection may be directed | Court inspection may be directed |
What can an accused do if copies are missing?
The accused or counsel may identify the missing documents and request the trial Magistrate to direct compliance with the applicable statutory provision. Where copies are incomplete or illegible, the issue should be raised promptly and specifically. Any request concerning withheld statements, electronic access, inspection or the effect of non-supply will depend on the case record and the court's orders.
Failure to supply documents does not by itself establish that every later proceeding is automatically void. Courts consider the governing provision, procedural stage and any prejudice caused.
Which law applies after 1 July 2024?
The BNSS replaced the CrPC from 1 July 2024. However, Section 531 BNSS contains repeal and savings provisions for pending investigations, inquiries, trials, appeals and applications. The applicable procedure therefore depends on the nature and status of the proceeding at commencement, not simply the date of the hearing.
Official legislation and further reading
For the controlling statutory language, consult the India Code BNSS Act page, the official BNSS text (PDF) and the CrPC on India Code. Relevant provisions include Sections 230, 231, 232 and 531 BNSS and Sections 207, 208 and 209 CrPC.
Frequently asked questions
Are copies of the charge sheet supplied free of cost?
Yes. Section 207 CrPC and Section 230 BNSS require the prescribed documents to be furnished free of cost in covered police-report cases.
Does the BNSS set a deadline?
Yes. Section 230 specifies no later than fourteen days from the accused's production or appearance, alongside the requirement to act without delay.
Can the court provide electronic copies?
Yes. Section 230 BNSS expressly recognises supply of documents in electronic form.
This article provides general legal information. Consult the official statutory text and applicable court orders for a particular case.