Bharatiya Nagarik Suraksha Sanhita, 2023
Section 261 BNSS: Compliance with Section 230
Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies at the commencement of the trial of a warrant-case instituted on a police report. It requires the Magistrate to satisfy himself that the requirements of Section 230 have been complied with before the trial proceeds.
Text of Section 261 BNSS
261. 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.
What Section 261 means
Section 261 creates a procedural checkpoint before a Magistrate begins the trial of a warrant-case based on a police report. The Magistrate must verify that the accused has received the documents required by Section 230. The provision is therefore linked directly to the accused's ability to understand the prosecution case and prepare a defence.
What Section 230 requires
Section 230 applies where proceedings have been instituted on a police report. It requires the Magistrate, without delay and in no case beyond fourteen days from the date of production or appearance of the accused, to furnish specified documents free of cost to the accused and also to the victim if represented by an advocate.
- The police report.
- The first information report recorded under Section 173.
- Statements recorded under Section 180(3) of prosecution witnesses, subject to any permitted exclusion requested under Section 193(7).
- Confessions and statements, if any, recorded under Section 183.
- Other documents or relevant extracts forwarded to the Magistrate with the police report under Section 193(6).
Section 230 also permits electronic supply of documents and contains provisions dealing with excluded portions of statements and voluminous documents. Supply in electronic form is treated as due furnishing under the section.
Practical effect of Section 261
Before moving further with the warrant-case, the Magistrate should be satisfied that the Section 230 document-supply requirement has been met. This compliance is important because the next stage under Section 262 includes the accused's right to seek discharge, and Section 262 links the discharge timeline to the date on which copies are supplied under Section 230.
Section 261 in the warrant-case procedure
| Stage | Relevant BNSS provision | Purpose |
|---|---|---|
| Supply of prosecution papers | Section 230 | Ensures that required police-report papers and related documents are furnished before trial. |
| Verification at commencement of trial | Section 261 | Requires the Magistrate to satisfy himself that Section 230 has been complied with. |
| Application for discharge | Section 262 | Allows the accused to seek discharge within the statutory period calculated from supply of documents under Section 230. |
| Framing of charge | Section 263 | Provides for framing and explanation of charge where the case proceeds. |
Official legal status of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.
Related BNSS provisions
Continue with the provisions governing trial of warrant-cases instituted on a police report: Section 262 - When accused shall be discharged, Section 263 - Framing of charge, Section 264 - Conviction on plea of guilty, Section 265 - Evidence for prosecution and Section 266 - Evidence for defence.
This page provides general legal information on the statutory provision. For application to a specific case, the complete BNSS, applicable rules, notifications and judicial decisions should be considered.