CrPC Section 208 — Supply of copies of statements and documents to accused in other cases triable by Court of Session

Summary

Where a case was started otherwise than on a police report, and the Magistrate issuing process under section 204 considers that the offence can be tried only by the Court of Session, the Magistrate must promptly give the accused the listed material free of cost.

Under clause (i), the accused must be given copies of statements recorded under section 200 or section 202 from everyone examined by the Magistrate.

Under clause (ii), the accused must be given copies of any statements and confessions recorded under section 161 or section 164.

Under clause (iii), the accused must be given copies of documents produced before the Magistrate that the prosecution proposes to rely on.

Under the proviso, if the Magistrate is satisfied that any such document is voluminous, the Magistrate must direct that the accused may inspect it in Court, either personally or through a pleader, instead of receiving a copy.

Official Text

Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—

(i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;

(ii) the statements and confessions, if any, recorded under section 161 or section 164;

(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 pleader in Court.

Sections referred to

• CrPC §161 — Examination of witnesses by police
• CrPC §164 — Recording of confessions and statements
• CrPC §200 — Examination of complainant
• CrPC §202 — Postponement of issue of process
• CrPC §204 — Issue of process

Referred to by

• CrPC §209 — Commitment of case to Court of Session when offence is triable exclusively by it

Related Judgments

• SUNITA DEVI vs THE STATE OF BIHAR & ANR — Supreme Court of India (2024)
• SHIVJEE SINGH vs NAGENDRA TIWARY AND ORS — Supreme Court of India (2010)
• CENTRAL BUREAU OF INVESTIGATION vs NAROTTAM DHAKAD & ANR — Supreme Court of India (2023)
• NARESH KUMAR YADAV vs RAVINDRA KUMAR AND ORS — Supreme Court of India (2007)
• SUNITA DEVI vs STATE OF BIHAR AND ORS — Supreme Court of India (2004)

Old <-> New Code Mapping

• BNSS §231 — Supply of copies of statements and documents to accused in other cases triable by Court of Session