Compliance with section 230
Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with compliance with section 230. 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. The Act came into force on 01 Jul 2024.
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.
Section 261, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 238 Compliance with section 207 Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
State Tr. Insp. of Police vs A. Arun Kumar
Decided under Code of Criminal Procedure 238, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
At the initial stage of criminal proceedings when considering whether to frame charges under Sections 227-228 (or 238-239) CrPC, if material on record discloses grave suspicion against the accused that has not been properly explained, the court is fully justified in framing charges and proceeding with trial, even if the strength of suspicion would not suffice for conviction. The test for prima facie case depends on broad probabilities and total effect of documents and evidence on record, not on conviction-level proof. Documentary evidence showing material discrepancies (such as added digits inflating quantities and values in export documents) that raise grave suspicion against accused is sufficient to frame charges, notwithstanding absence of eyewitness testimony, so long as the ingredients of alleged offences are discernible on the face of the material.
On this section: Discharge - in case of lesser offences, principles of Sections 227-228 broadly applicable
-
Adi Malik vs State
Decided under Code of Criminal Procedure 238, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A magistrate cannot record a plea of guilt and convict an accused under Section 241 Cr.P.C. without first complying with the mandatory procedural requirements of Sections 239 and 240 Cr.P.C., which require the magistrate to consider the police report and material and form an opinion that charges should be framed. Failure to comply with these provisions, particularly when coupled with the absence of legal representation for the accused, constitutes a failure of justice that cannot be cured under Section 464 Cr.P.C., and necessitates quashing of the conviction and remittal for fresh proceedings.
On this section: Magistrate's duty to satisfy himself regarding compliance with Section 207 - not complied with in this case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 261
What have the courts held on Section 261 of the Bharatiya Nagarik Suraksha Sanhita?
State Tr. Insp. of Police vs A. Arun Kumar (17 Dec 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 238, which this section replaced -- the court never mentioned this Act: Discharge - in case of lesser offences, principles of Sections 227-228 broadly applicable. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2014 to 2019.
How do I find court cases under Section 261 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 261, section 261 BNSS, section 261 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State Tr. Insp. of Police vs A. Arun Kumar (17 Dec 2014).
What should I read with Section 261 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 230 (Supply to accused of copy of police report and other documents), so none of them can safely be read on its own. It carries forward CrPC 238 (Compliance with section 207), so the judgments decided under that provision are the case law on this one.
When did Section 261 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 261 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 261, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.