Supply of Prosecution Documents under the BNSS

The supply of prosecution documents enables an accused to know the evidence and materials on which the prosecution relies. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the timing and scope of this duty depend on whether proceedings were instituted on a police report or otherwise.

Cases instituted on a police report

Under Section 230, the Magistrate must furnish the documents without delay and, in any event, within 14 days from the production or appearance of the accused. Copies must be supplied free of cost to the accused and also to the victim, if represented by an advocate.

• The documents include the police report, the first information report under Section 173, statements of proposed prosecution witnesses, recorded confessions and statements, and other documents or relevant extracts forwarded with the police report.
• A police request to exclude part of a witness statement is not conclusive. The Magistrate must examine the excluded portion and may direct that all or an appropriate part be supplied.

Cases instituted otherwise than on a police report

Under Section 231, where such a case appears exclusively triable by the Court of Session, the Magistrate must furnish the specified documents to the accused free of cost and without delay before committal.

• These include statements of persons examined by the Magistrate, confessions and statements recorded under Section 183, and documents produced before the Magistrate on which the prosecution proposes to rely.

Mode of access

If a document is voluminous, the Magistrate may permit inspection by the accused or advocate instead of supplying a physical copy, as provided by the relevant section. Under Section 230, copies may also be furnished electronically, and electronic supply constitutes due compliance.