Bharatiya Nagarik Suraksha Sanhita, 2023
Section 231
Supply of copies of statements and documents to accused in other cases triable by Court of
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:—
(i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section 180 or section 183;
(iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided further that supply of documents in electronic form shall be considered as duly furnished.
Why this exists
This mirrors the disclosure requirement for police-report cases (section 230) but applies to private complaint cases that turn out to be serious enough to require trial before a Sessions Court, ensuring the accused gets the same fair-trial protection of knowing the evidence in advance, regardless of whether the case started with police involvement or a private complainant.
Common misconceptions
- Myth: Disclosure of evidence to the accused only applies in police-investigated cases.
Fact: This section extends the same disclosure obligation to private complaint cases that are found triable exclusively by the Court of Session.