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BNSS, 2023
Start Practicing
BNSSChapter XXSection 261
Section261

Compliance with section 230

AI Assist

Summary

At the start of a warrant-trial begun on a police report, if the accused appears or is produced, the Magistrate must personally satisfy himself that the procedural safeguards in the earlier provision were observed: the accused was informed of the charge, supplied necessary copies and warned about the right to defend. If these were not done, the Magistrate must complete them before proceeding.

Example

Ravi is brought before the Magistrate at the start of a warrant-case filed on a police report. The Magistrate checks and finds Ravi was not given copies of the police papers or warned about his right to defend; the Magistrate must provide those copies and warnings and only then proceed with the trial.

Bare Act

Enacted text

When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.

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XX

Chapter XX

Trial of Warrant-Cases by Magistrates

In this chapter

  • 261Compliance with section 230
  • 262When accused shall be discharged
  • 263Framing of charge
  • 264Conviction on plea of guilty
  • 265Evidence for prosecution
  • 266Evidence for defence
  • 267Evidence for prosecution
  • 268When accused shall be discharged
  • 269Procedure where accused is not discharged
  • 270Evidence for defence
  • 271Acquittal or conviction
  • 272Absence of complainant
  • 273Compensation for accusation without reasonable cause
Previous · Section 260Procedure in cases instituted under sub-section (2) of section 222Next · Section 262When accused shall be discharged