SUPPLY OF POLICE REPORTS AND DOCUMENTS TO THE ACCUSED UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: A STUDY OF FAIR TRIAL AND PROCEDURAL JUSTICE
THE REDWOOD JOURNAL Website: www.the redwood lawyers.com VOLUME:-6 ISSUE NO:-6 , OCTOBER 2, 2026 ISSN (ONLINE):- 3139-7360 Email: theredwoodjournal@gmail.com Digital Number : 2025-23534643 CC BY-NC-SA Authored By:- K. M. Sarathi SUPPLY OF POLICE REPORTS AND DOCUMENTS TO THE ACCUSED UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: A STUDY OF FAIR TRIAL AND PROCEDURAL JUSTICE DOWNLOAD FULL PAPER :-SUPPLY OF POLICE REPORTS AND DOCUMENTS TO THE ACCUSED UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 A STUDY OF FAIR TRIAL AND PROCEDURAL JUSTICE Abstract The supply of police reports and related documents to an accused person is a fundamental procedural safeguard in criminal justice. An accused cannot effectively understand the allegations, prepare a defence, or challenge the prosecution case without access to the materials that form its basis. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), establishes a statutory framework for supplying these documents before the criminal proceedings advance to the relevant stages. Section 230 deals with cases instituted on a police report, while Section 231 governs the supply of statements and documents in certain complaint cases triable exclusively by the Court of Session. Section 227 also contains requirements concerning copies of the complaint and accompanying documents when process is issued. This paper examines the scope and purpose of these provisions, the categories of documents to be supplied, the fourteen-day statutory limit under Section 230, and the use of electronic copies and inspection procedures for voluminous records. It analyses the relationship between disclosure obligations and the constitutional guarantee of a fair trial under Article 21 of the Constitution of India. The paper also considers the distinction between documents relied upon by the prosecution and materials collected during investigation but not relied upon, drawing upon relevant Supreme Court decisions, including Criminal Trials Guidelines Regarding Inadequacies and Deficiencies, In re v. State of Andhra Pradesh, Manoj v. State of Madhya Pradesh, and Sarla Gupta v. Directorate of Enforcement. It argues that effective disclosure requires more than the formal delivery of a set of papers. Documents must be supplied within the statutory period, in a usable form, with sufficient clarity to enable meaningful preparation of the defence. The paper concludes that consistent judicial supervision and proper document management are essential to protect the accused’s rights while ensuring the efficient administration of criminal justice. Keywords: Bharatiya Nagarik Suraksha Sanhita, 2023; police report; disclosure of documents; right to fair trial; Section 230 BNSS; criminal procedure. Introduction Criminal proceedings may have serious consequences for an individual’s liberty, reputation, employment, family life, and future. A person facing a criminal charge must therefore be given a meaningful opportunity to understand the allegations and prepare a defence. This opportunity cannot be effective if the prosecution materials remain unknown to the accused or are supplied only after the proceedings have substantially advanced. In a police-investigated case, the investigating agency collects statements, records, electronic evidence, expert reports, and other materials. After completing the investigation to the relevant extent, the police submit a report before the competent court in accordance with the applicable law. The report and accompanying documents provide the basis upon which the court considers the next stages of the proceedings. Access to these materials allows the accused and the defence advocate to understand the prosecution’s case, identify factual disputes, examine the legal ingredients of the alleged offence, and determine whether grounds exist to challenge the proceedings. The Bharatiya Nagarik Suraksha Sanhita, 2023, which came into force on 1 July 2024, contains provisions governing the supply of police reports and documents to accused persons. Section 230 is the principal provision for cases instituted on a police report. Section 231 addresses specified complaint cases triable exclusively by the Court of Session. Section 227(3) requires copies of the complaint and accompanying documents to be supplied when process is issued in the circumstances covered by that provision. These provisions are not merely administrative rules concerning the preparation of court papers. They form part of the procedural framework intended to ensure that criminal proceedings are conducted fairly. If the accused receives incomplete, illegible, or delayed documents, the opportunity to prepare a defence may be impaired even if the court formally records that copies have been supplied. The law must nevertheless balance disclosure with legitimate restrictions. Certain statements may contain portions that the investigating officer requests to exclude for reasons recognised by statute. Some records may be voluminous and unsuitable for ordinary photocopying. Materials not relied upon by the prosecution may also raise distinct questions concerning the stage at which their production can be sought. These issues require careful judicial consideration rather than a blanket approach in favour of either unrestricted disclosure or automatic refusal. This paper examines the statutory framework and judicial principles governing the supply of police reports and documents. It argues that the true objective of disclosure is to ensure that the accused has a fair and practical opportunity to understand and answer the prosecution case. Research Methodology This paper focus on a doctrinal method of legal research. It analyses the BNSS, 2023, particularly Sections 230 and 231, together with the related provisions governing the police report, issue of process, and production of documents. It also considers Article 21 of the Constitution of India and judicial decisions interpreting the corresponding provisions of the former Code of Criminal Procedure, 1973. The study draws upon judgments of the Supreme Court concerning disclosure of prosecution materials, the treatment of documents not relied upon by the investigating officer, and the relationship between document supply and the right to a fair trial. Particular attention is given to decisions that explain the difference between the right to receive copies of documents forming part of the prosecution case and the separate right to seek production of other material at an appropriate stage. The research is analytical rather than empirical. It does not rely on interviews, field surveys, or statistical data. Since several important decisions were delivered under the former Code, their relevance to BNSS proceedings must be assessed by reference to the corresponding provisions and the current statutory language. Statutory Framework Under The Bnss, 2023