Code:
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:—
(i) the police report;
(ii) the first information report recorded under section 173;
(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193;
(iv) the confessions and statements, if any, recorded under section 183;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court:
Provided also that supply of documents in electronic form shall be considered as duly furnished.
Explanation:
This section mandates the Magistrate to provide certain documents to the accused and victim (if represented by an advocate) free of cost within 14 days of the accused’s production or appearance. The documents include:
- Police report
- First Information Report (FIR) recorded under Section 193
- Statements recorded under Section 180(3) of all persons whom the prosecution proposes to examine as witnesses. However, a police officer can request to exclude parts of these statements under Section 193(6), and the Magistrate will decide whether to provide those excluded portions.
- Confessions and statements recorded under Section 183
- Other documents forwarded with the police report under Section 193(5)
The section also allows for the Magistrate to provide voluminous documents electronically or permit inspection in court instead of providing physical copies.
Illustration:
Suppose the police arrest a person for theft based on a report. The Magistrate, within 14 days of the accused’s appearance, must provide the accused with a copy of the FIR, the police report, the statements recorded from the witnesses, and any other documents relevant to the case.
Common Questions and Answers:
Q: What is the purpose of Section 230?
This section ensures fairness and transparency in the criminal justice system by granting the accused and the victim access to key documents, which enables them to prepare their defense effectively.
Q: Can the accused refuse to accept the documents?
No. The accused is legally obligated to accept the documents provided under Section 230.
Q: What if the Magistrate fails to provide the documents within 14 days?
This could be considered a violation of the accused’s right to a fair trial and may be grounds for legal challenge.
Q: Can the Magistrate withhold certain parts of a statement from the accused?
Yes, if the police officer requests exclusion under Section 193(6) and the Magistrate finds the reasons valid.
