Section 230 of BNSS : Section 230: Supply to accused of copy of police report and other documents.
BNSS
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Explanation using Example
Example 1:
Scenario: Rajesh is accused of theft and is arrested by the police. The police file a report with the Magistrate, and Rajesh appears in court for the first time.
Application of Section 230:
- Within 14 days of Rajesh's first court appearance, the Magistrate must provide Rajesh and his lawyer with copies of the following documents free of cost:
- The police report detailing the investigation and charges.
- The First Information Report (FIR) that was initially filed by the complainant.
- Statements recorded by the police from witnesses who will testify in court, except any parts that the police have requested to exclude for specific reasons.
- Any confessions or statements made by Rajesh during the investigation.
- Any other relevant documents submitted to the Magistrate by the police.
Outcome: Rajesh and his lawyer receive all necessary documents to prepare his defense, ensuring a fair trial process.
Example 2:
Scenario: Priya is a victim of a fraud case and has hired an advocate to represent her. The accused, Sunil, is arrested and brought before the Magistrate.
Application of Section 230:
- Within 14 days of Sunil's first court appearance, the Magistrate must provide Priya's advocate with copies of the following documents free of cost:
- The police report detailing the investigation and charges against Sunil.
- The First Information Report (FIR) that Priya initially filed.
- Statements recorded by the police from witnesses who will testify in court, except any parts that the police have requested to exclude for specific reasons.
- Any confessions or statements made by Sunil during the investigation.
- Any other relevant documents submitted to the Magistrate by the police.
Outcome: Priya's advocate receives all necessary documents to prepare for the case, ensuring that Priya's interests are adequately represented in court.
Example 3:
Scenario: The police have submitted a large volume of documents in a complex financial fraud case involving multiple accused. One of the accused, Anil, appears in court for the first time.
Application of Section 230:
- The Magistrate reviews the documents and determines that they are too voluminous to provide as physical copies.
- The Magistrate decides to provide the documents to Anil and his lawyer in electronic form.
- Alternatively, the Magistrate may allow Anil and his lawyer to inspect the documents in court.
Outcome: Anil and his lawyer receive the documents electronically or are allowed to inspect them in court, ensuring they have access to all necessary information while managing the practical challenges of handling large volumes of documents.