Section 238 CrPC: Compliance with Section 207 and Section 261 BNSS
Section 238 of the Code of Criminal Procedure, 1973 required a Magistrate, at the beginning of a warrant-case instituted on a police report, to verify compliance with Section 207 concerning supply of the police report and other documents to the accused. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 261, which refers to Section 230 BNSS.
Text of Section 238 CrPC, 1973
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 207.
Corresponding provision: Section 261 BNSS, 2023
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.
The substantive obligation remains the same: the Magistrate must verify that the accused has received the documents required by law. The cross-reference changed from Section 207 CrPC to Section 230 BNSS.
Meaning and scope of the provision
A warrant-case is a criminal case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. A case instituted on a police report is one proceeding on the report submitted by the investigating police officer following investigation, rather than on a private complaint.
The Magistrate's duty arises when the accused appears or is produced at the commencement of the trial. It is a judicial check on compliance, not merely a formality to be presumed from the filing of a charge-sheet.
Which documents must be supplied?
Section 207 CrPC and its corresponding Section 230 BNSS address the supply of copies of the police report and other specified records. Subject to the statutory qualifications, these include:
- The police report submitted on completion of investigation.
- The first information report recorded under the relevant law.
- Statements of prosecution witnesses recorded during investigation, subject to permitted exclusions.
- Confessions and statements recorded before a Magistrate, where applicable.
- Other documents or relevant extracts forwarded with the police report.
Section 230 BNSS also contains provisions governing the manner and timing of supply, including electronic supply and treatment of voluminous documents. The actual requirements should be checked against the full statutory text.
Why compliance matters
Supplying the case papers allows the accused to understand the prosecution allegations, consult counsel, identify disputed material and prepare submissions at the discharge or charge stage. The Magistrate should ensure statutory compliance before proceeding through the relevant stages of a police-report warrant-case.
What happens after document compliance?
Under the BNSS, Section 262 deals with discharge in warrant-cases instituted on a police report and permits the accused to apply for discharge within sixty days from the date of supply of copies under Section 230. Section 263 addresses framing of charge where the statutory conditions are satisfied. Under the CrPC, the corresponding provisions were Sections 239 and 240.
Frequently asked questions
What is Section 238 CrPC?
It requires the Magistrate to satisfy himself that Section 207 CrPC has been complied with at the commencement of a warrant-case instituted on a police report.
Which BNSS section replaces Section 238 CrPC?
Section 261 BNSS is the corresponding provision and requires compliance with Section 230 BNSS.
Does this provision apply to every criminal case?
No. Its express scope is warrant-cases instituted on a police report before a Magistrate. Other categories of cases have their own procedural requirements.
Can the accused seek copies of prosecution documents?
Yes. The statutory scheme requires supply of specified documents, subject to the exceptions and procedures in the applicable law.
Official legal sources
National Crime Records Bureau: BNSS chapter-wise statutory text
Bureau of Police Research and Development: Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
India Code: Official central legislation database
This article provides general legal information. For an individual case, consult the applicable statutory text, savings provisions and relevant court orders.