Section 238 CrPC: Compliance with section 207

Chapter XIX

Commencement of trial, compliance, Fair trial, Magistrate, police report, procedural compliance, Right to documents, Section 207, warrant case

New Law Update (2024)

Section 250 BNSS

TRIAL COURT

Magistrate's Court

Punishment

Procedural – Warrant / Summons Process

Cognizable?

Bailable?

Compoundable?

Bare Act 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 207.

Important Sub-Sections Explained

Landmark Judgements

V. K. Sasikala v. State, (1999) 3 SCC 539:

This case underscored the mandatory nature of supplying documents to the accused under Section 207 CrPC, emphasizing that the purpose is to enable them to effectively prepare their defence. Section 238 ensures this mandatory provision is complied with before trial commences.

P. Gopalkrishnan @ Dileep v. State of Kerala, (2020) 9 SCC 161:

The Supreme Court reaffirmed the paramount right of the accused to receive all relevant documents necessary for a fair trial, including electronic evidence, thereby reinforcing the spirit of Section 207, which Section 238 mandates should be upheld at the initial stage of the trial.

Chapter XIX