Indian Criminal Procedure | Updated 18 October 2026

Section 208 CrPC and Section 231 BNSS: Supply of Statements and Documents in Sessions Cases

When a criminal case is instituted otherwise than on a police report and is exclusively triable by a Court of Session, the accused is entitled to receive specified statements and prosecution documents free of cost. Section 208 of the Code of Criminal Procedure, 1973 provided this safeguard; the corresponding provision is now Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Meaning and scope of Section 208 CrPC

Section 208 applies where a case was instituted otherwise than on a police report, a Magistrate issued process under Section 204 CrPC, and the alleged offence appeared to be triable exclusively by the Court of Session. The Magistrate was required, without delay and free of cost, to furnish the accused with the prescribed records.

Documents to be supplied under Section 208

1. Statements under Sections 200 and 202 CrPC: statements of all persons examined by the Magistrate during examination of the complainant and preliminary inquiry.
2. Statements and confessions under Sections 161 and 164 CrPC: any such records available in the case.
3. Prosecution documents: documents produced before the Magistrate upon which the prosecution proposes to rely.

Proviso for voluminous documents: If the Magistrate was satisfied that a document was voluminous, the court could direct inspection by the accused personally or through a pleader instead of furnishing a copy.

Section 231 BNSS: Current corresponding provision

Section 231 BNSS, titled Supply of copies of statements and documents to accused in other cases triable by Court of Session, carries forward the principal disclosure obligation. Where the Magistrate issues process under Section 227 BNSS in a case instituted otherwise than on a police report and the offence is exclusively triable by the Court of Session, the Magistrate must forthwith furnish the accused, free of cost:

1. Statements recorded under Sections 223 or 225 BNSS of all persons examined by the Magistrate.
2. Statements and confessions, if any, recorded under Sections 180 or 183 BNSS.
3. Documents produced before the Magistrate on which the prosecution proposes to rely.

The first proviso allows court-supervised inspection, personally or through an advocate, where a document is voluminous. The second proviso expressly provides that supply of documents in electronic form is considered duly furnished.

Definitions of relevant legal terms

• Case instituted otherwise than on a police report: a proceeding initiated through a route other than a police report, commonly a private complaint.
• Court of Session: the criminal court competent to try offences reserved by law for Sessions trial.
• Issue of process: the Magistrate's issuance of summons or warrant requiring the accused to appear, governed by Section 204 CrPC or Section 227 BNSS.
• Confession: an admission of guilt recorded according to applicable procedural and evidentiary safeguards; the relevant recording provisions are Section 164 CrPC and Section 183 BNSS.
• Voluminous document: a record sufficiently extensive for the Magistrate to permit inspection instead of supplying a copy, subject to the statutory conditions.

CrPC and BNSS provision mapping

Practical procedure and rights of the accused

The Magistrate first determines whether the offence is triable exclusively by the Court of Session. If the case falls within Section 231 BNSS, the specified records must be furnished promptly and without charge. The accused or advocate should check that all statements and documents relied upon by the prosecution have been supplied and request any omitted material before the court.

Where a record is voluminous, inspection may be ordered under the statutory proviso. Electronic supply is expressly recognised under the BNSS. Section 232 BNSS addresses commitment of eligible cases to the Court of Session after compliance with the relevant supply-of-copies provision.

Section 208 CrPC compared with Section 207 CrPC

Section 207 CrPC principally deals with supplying documents in cases instituted on a police report. Section 208 CrPC deals with specified non-police-report cases exclusively triable by the Court of Session. Their corresponding BNSS provisions are Sections 230 and 231 respectively.

Official statutory resources

For the authoritative statutory text and amendments, consult the Government of India's India Code portal, the Ministry of Home Affairs, and the Bureau of Police Research and Development BNSS reference PDF. Verify the text applicable to the date and procedural stage of the particular case.

Frequently asked questions

Are copies under Section 231 BNSS free?

Yes. The provision expressly requires the specified copies to be furnished free of cost.

Can documents be provided electronically?

Yes. Section 231 BNSS expressly recognises supply of documents in electronic form as duly furnished.

Does Section 231 apply to every criminal case?

No. It specifically addresses cases instituted otherwise than on a police report where the offence is exclusively triable by a Court of Session. Police-report cases are addressed separately under Section 230 BNSS.

Can an accused inspect a large document instead of receiving a copy?

Yes, if the Magistrate is satisfied that the document is voluminous and directs inspection in court under the proviso.

This article provides general legal information and is not a substitute for advice based on the facts and court record of a particular case.