Section 207 CrPC vs Section 230 BNSS — Supply of Police Report and Documents to the Accused (CrPC 207-208)

In India, Sections 230 and 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 207 and 208 of the Code of Criminal Procedure, 1973 (CrPC) on 1 July 2024. The Magistrate must now furnish the police report and documents within fourteen days of the accused's production or appearance, to a represented victim as well, and electronic supply counts.

At a glance

What changed

Section 230 BNSS (CrPC 207)

• New — outer time limit: "without delay" becomes "without delay, and in no case beyond fourteen days from the date of production or appearance of the accused".
• Expanded — who receives copies: "furnish to the accused" becomes "furnish to the accused and the victim (if represented by an advocate)". "Victim" is defined in Section 2(1)(y) BNSS as a person who has suffered loss or injury caused by the act or omission of the accused, including a guardian or legal heir.
• Minor edit — cross-references: the first information report "recorded under section 154" becomes "under section 173"; statements under Section 161(3) become statements under Section 180(3); the exclusion request under Section 173(6) becomes Section 193(7); confessions and statements under Section 164 become Section 183; documents forwarded under Section 173(5) become Section 193(6).
• Identical — first proviso: unchanged; it still names only the accused, not the victim.
• Modified — second proviso (voluminous documents): "any document referred to in clause (v)" becomes "any such document". Instead of copies the Magistrate "may furnish the copies through electronic means" or allow inspection "either personally or through an advocate in Court" ("pleader" becomes "advocate"). The enacted text reads "he shall, instead of furnishing ... may furnish", and is reproduced as enacted.
• New — third proviso: "supply of documents in electronic form shall be considered as duly furnished".
• Minor edit — heading: "Supply to the accused" becomes "Supply to accused".

Section 231 BNSS (CrPC 208)

• Modified — timing: "without delay" becomes "forthwith". No day limit is added.
• Minor edit — cross-references: process "under section 204" becomes "under section 227"; statements "under section 200 or section 202" become "under section 223 or section 225"; statements and confessions "under section 161 or section 164" become "under section 180 or section 183".
• Minor edit — first proviso: "through pleader" becomes "through an advocate". The only alternative for voluminous documents is still inspection; there is no electronic-furnishing option inside this proviso.
• New — second proviso: "supply of documents in electronic form shall be considered as duly furnished".
• Not added: Section 231 contains no victim clause and no fourteen-day limit.

Linked changes in neighbouring sections

• New — Section 193(8) BNSS: the investigating officer must submit "such number of copies of the police report along with other documents duly indexed" for supply to the accused as required under Section 230, and supply "by electronic communication shall be considered as duly served". Section 173(7) CrPC, which let the officer furnish copies directly to the accused where convenient, has no counterpart in Section 193.
• New — Section 232 BNSS (CrPC 209): committal proceedings must be completed within ninety days from the date of taking cognizance, and the Magistrate may extend this "for a period not exceeding one hundred and eighty days" for recorded reasons.
• New — Sections 250(1) and 262(1) BNSS: a discharge application must be made within sixty days of commitment (sessions cases) or of supply of copies under Section 230 (warrant cases on a police report).

Statutory text (relevant extract)

Extract, Section 207 CrPC (repealed from 1 July 2024), opening words:

In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—

Extract, Section 230 BNSS, opening words and third proviso:

In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—

Provided also that supply of documents in electronic form shall be considered as duly furnished.

Extract, Section 231 BNSS, opening words:

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:—

How it works — the steps

Police-report cases (Section 230)

1. Forwarding by the police — with the report under Section 193(3), the officer forwards all documents or extracts the prosecution relies on and the Section 180 statements of the witnesses it proposes to examine (Section 193(6)), with indexed copies for the accused (Section 193(8)).
2. Exclusion request, statements only — if part of a statement is irrelevant or its disclosure is inexpedient in the public interest, the officer marks it and asks the Magistrate to exclude it, giving reasons (Section 193(7)).
3. The five items — the Magistrate furnishes (i) the police report; (ii) the FIR under Section 173; (iii) the Section 180(3) statements of prosecution witnesses, less any part excluded on request; (iv) confessions and statements recorded under Section 183; and (v) any other document or extract forwarded under Section 193(6).
4. Magistrate's decision on exclusion — under the first proviso, after perusing the excluded part and the officer's reasons, the Magistrate may direct that all or part of it be furnished.
5. Voluminous documents — electronic copies or inspection in court, personally or through an advocate (second proviso).
6. Deadline — within fourteen days from the accused's production or appearance; electronic supply counts (third proviso).
7. Check at trial — in a warrant case, Section 261 BNSS requires the Magistrate at the commencement of trial to satisfy himself that Section 230 has been complied with. In a sessions case, Section 232(a) allows committal only after compliance with Section 230 or 231.

Complaint cases triable exclusively by the Court of Session (Section 231)

1. The Magistrate issues process under Section 227 and finds the offence triable exclusively by the Court of Session.
2. The Magistrate furnishes, forthwith and free of cost: (i) the statements of all persons examined under Section 223 or 225; (ii) any statements and confessions recorded under Section 180 or 183; and (iii) any documents produced before the Magistrate on which the prosecution proposes to rely.
3. Voluminous documents may be offered for inspection instead of copies; electronic supply counts. Separately, Section 227(3) BNSS requires a copy of a written complaint to accompany every summons or warrant.

What this means in practice

For the accused and defence advocate

• The fourteen-day limit under Section 230 runs "from the date of production or appearance of the accused". If copies are incomplete, apply identifying each missing item by clause (i) to (v).
• Ask for the list of unrelied statements, documents, material objects and exhibits; the Supreme Court directed that it be supplied (In re Inadequacies, para 11; Sarla Gupta, para 31). Production of listed items can later be sought under Section 94 BNSS.
• Electronic records the prosecution relies on — video, call records, forensic files — are documents to be furnished; where the complainant's or a witness's privacy is involved, the court may allow inspection only (Dileep, para 44).
• Time the discharge application: sixty days from supply under Section 230 in a warrant case (Section 262(1)), or sixty days from commitment in a sessions case (Section 250(1)).

For the victim

• A victim represented by an advocate is entitled to the Section 230 copies free of cost. The victim's advocate may also be permitted by the court to assist the prosecution (proviso to Section 18(8) BNSS). Section 231 has no victim clause.

For the investigating officer

• Forward every document relied on; the exclusion mechanism in Section 193(7) covers parts of statements, not documents (Sarla Gupta, para 27). Supply indexed copies, in electronic form where practicable (Section 193(8)).

Judgments that still matter

Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi), [2010] 4 S.C.R. 103 (2010 INSC 219) — 19 April 2010. In the opinion of P. Sathasivam J., the Court held that the accused's right to documents placed an implied obligation on the prosecution "to make fair disclosure" (para 91). It added that "The right of the accused with regard to disclosure of documents is a limited right but is codified and is the very foundation of a fair investigation and trial" (para 92). The operative words of Section 207 that the Court construed are repeated in Section 230 BNSS.

V.K. Sasikala v. State Rep. by Superintendent of Police, [2012] 10 S.C.R. 641 — 27 September 2012. Ranjan Gogoi J., for a Bench with P. Sathasivam J., explained the two provisos to Section 207 (para 12) and held that where the accused contends that papers forwarded to the court by the investigating agency were not exhibited because they favour the accused, the court must allow access to them, even if the request comes late in the trial (para 17). It directed inspection within 21 days (para 20).

P. Gopalkrishnan @ Dileep v. State of Kerala and Anr., [2019] 17 S.C.R. 422 (2019 INSC 1303) — 29 November 2019. A. M. Khanwilkar and Dinesh Maheshwari JJ. held that the investigating officer must forward "all" documents relied on, and that the power to seek exclusion applies to statements, not documents (para 14). Furnishing documents under Section 207 is "a facet of right of the accused to a fair trial enshrined in Article 21" (para 18). The Court held that "all documents including "electronic record" produced for the inspection of the Court alongwith the police report and which prosecution proposes to use against the accused must be furnished to the accused" (para 32). It noted that Section 207 permits withholding only for voluminousness, which ordinarily cannot be invoked for an electronic record (para 41). It held a memory card's contents to be a document, but allowed that, in cases involving the privacy or identity of the complainant or a witness, the court may provide only inspection (para 44).

In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh & Ors., [2021] 4 S.C.R. 100 — 20 April 2021. A Bench of S.A. Bobde CJI, L. Nageswara Rao and S. Ravindra Bhat JJ. directed that, while furnishing documents under Sections 207 and 208, the Magistrate should ensure that the accused also receives a list of materials seized but not relied on (para 11). This became Draft Rule 4(i), whose Explanation requires the list to specify statements, documents, material objects and exhibits "that are not relied upon". High Courts were directed to incorporate the Draft Rules within six months (para 19(a)).

Sarla Gupta & Anr. v. Directorate of Enforcement, 2025 INSC 645 — 7 May 2025. A three-Judge Bench (Abhay S. Oka J. writing, with Ahsanuddin Amanullah and Augustine George Masih JJ.) set out Sections 207 and 208 CrPC, noting Sections 230 and 231 BNSS as the corresponding provisions (para 26). It held that the police power of exclusion extends only to statements, not clause (v) documents (para 27), that "Even Section 208 does not permit withholding of any documents from the accused" (para 28), and that the principles of both sections apply to complaints under Section 44(1)(b) PMLA (para 30). It also held that the list of unrelied materials must be furnished (para 31; conclusions at para 55).

Which law applies to your case

Section 531(2)(a) BNSS provides that an appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 is disposed of, continued, held or made in accordance with the CrPC "as if this Sanhita had not come into force". On a reading of that clause, a case pending on that date continues under Sections 207 and 208 CrPC, and the fourteen-day limit and victim clause apply to proceedings under Section 230 BNSS. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNSS equivalent of Section 207 CrPC? Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 207 CrPC, and Section 231 BNSS replaces Section 208. Section 230 applies where the proceeding was instituted on a police report; Section 231 applies to a complaint case where the Magistrate issuing process under Section 227 BNSS finds the offence triable exclusively by the Court of Session.

Within how many days must the accused get a copy of the chargesheet under the BNSS? Section 230 BNSS requires the Magistrate to furnish the copies "without delay, and in no case beyond fourteen days from the date of production or appearance of the accused". Section 207 CrPC said only "without delay" and fixed no outer limit. Section 230 does not state what follows if the fourteen days are exceeded.

Is the victim entitled to a copy of the police report under Section 230 BNSS? Yes, if the victim is represented by an advocate. Section 230 BNSS requires the copies to be furnished "to the accused and the victim (if represented by an advocate)", free of cost. Section 207 CrPC gave copies only to the accused, and Section 231 BNSS (complaint cases) still names only the accused.

Can the documents be supplied on a pen drive or by email under the BNSS? Sections 230 and 231 BNSS each add a proviso that "supply of documents in electronic form shall be considered as duly furnished". For voluminous documents, Section 230 lets the Magistrate furnish copies through electronic means or allow inspection in court. Section 193(8) BNSS separately deems supply of the report and documents by electronic communication to be duly served.

Can the police or the Magistrate withhold documents from the accused? The police may request exclusion only of parts of witness statements, with reasons, under Section 193(7) BNSS (Section 173(6) CrPC), and the Magistrate decides under the first proviso to Section 230. Documents may be given by inspection instead of copy only if voluminous. In Sarla Gupta v. Directorate of Enforcement (2025 INSC 645, paras 27-28) the Supreme Court held that the police power extends only to statements and that Section 208 does not permit withholding any document.

Is the accused entitled to documents the prosecution does not rely on? Sections 230 and 231 BNSS cover the report, statements and documents forwarded or produced for the prosecution. The Supreme Court has directed that the accused also be given a list of statements, documents, material objects and exhibits not relied upon, so that their production can be sought later under Section 91 CrPC (Section 94 BNSS): In re Inadequacies and Deficiencies in Criminal Trials, [2021] 4 S.C.R. 100, para 11, followed in Sarla Gupta (2025 INSC 645, para 31).

How does supply of documents affect the time to apply for discharge? In a warrant case on a police report, Section 262(1) BNSS allows a discharge application within sixty days from the date of supply of copies of documents under Section 230, and Section 261 requires the Magistrate to satisfy himself that Section 230 was complied with. In a sessions case, Section 250(1) BNSS runs the sixty days from commitment under Section 232.

Which law applies to supply of documents in a case pending before 1 July 2024? Section 531(2)(a) BNSS provides that an appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 is disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. On a reading of that clause, supply in such a case follows Sections 207 and 208 CrPC; the fourteen-day limit and victim clause are features of Section 230 BNSS.

Related

• Police report (chargesheet): CrPC 173 vs BNSS 193
• Discharge: CrPC 227 and 239 vs BNSS 250 and 262
• Discharge application and framing-charge deadlines
• Private complaint: CrPC 200 vs BNSS 223
• Investigation and trial timelines under the BNSS
• Offence before 1 July 2024 — which law applies
• CrPC to BNSS master table
• Section 204 CrPC vs Section 227 BNSS — Issue of Process
• Sections 206–209 CrPC vs Sections 229–232 BNSS — Special Summons in Petty Offences and Commitment to the Court of Session
• Sections 225–237 CrPC vs Sections 248–260 BNSS — Trial Before a Court of Session
• Sections 238–250 CrPC vs Sections 261–273 BNSS — Trial of Warrant-Cases by Magistrates

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 2(1)(y), 18(8), 193, 227, 230, 231, 232, 250, 261, 262 and 531; commencement footnote to Section 1 (S.O. 848(E)).
• Code of Criminal Procedure, 1973 (India Code text): Sections 24(8), 173, 207, 208, 209 and 238.
• Judgments read in full text: Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi) (2010_4_103_298_EN.md); V.K. Sasikala v. State (2012_10_641_671_EN.md); P. Gopalkrishnan @ Dileep v. State of Kerala (2019_17_422_473_EN.md); In re Inadequacies and Deficiencies in Criminal Trials (2021_4_100_121_EN.md); Sarla Gupta v. Directorate of Enforcement (Diary_31507-2019_Judgment.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.