Supply of copies of statements and documents to accused in other casestriable by Court of Session
Section 208 of the Code of Criminal Procedure, 1973 deals with supply of copies of statements and documents to accused in other casestriable by Court of Session. Supply of copies of statements and documents to accused in other cases triable by Court of Session. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Supply of copies of statements and documents to accused in other cases triable by Court of Session. Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: -
(i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;
1 Ins. by Act 45 of 1978, s, 18 (w,e.f, 18-12-1978).
(ii) the statements and confessions, if any, recorded under section 161 or section 164 ;
(iii) any documents produced before the Magistrate on which the prosecution proposes to rely :
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.
Section 208, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 231 Supply of copies of statements and documents to accused in other cases triable by Court of Session Text carried over almost unchanged 87%
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 The repealed enactment still governs what happened while it was in force.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.
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Ram Prakash Chaddha vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
At the stage of considering discharge application under Section 227 Cr.PC, the court must confine its consideration to 'the record of the case and the documents submitted therewith' (prosecution materials only) and determine whether a prima facie case exists based on grave suspicion emerging from such materials. Mere suspicion, supposition, or conjecture not founded on materials on record cannot justify framing charges. In cases of criminal conspiracy, there must be at least an allegation of agreement between conspirators; absent such allegation or evidence of agreement in prosecution materials, charges of conspiracy cannot be framed merely on basis of suspicious circumstances. The court is not a mere post office of prosecution but must exercise independent judicial mind to protect accused from frivolous prosecution, especially at pre-trial stage.
On this section: Relates to documents to be supplied to accused; relevant for determining what constitutes 'record of case and documents submitted therewith' under Section 227
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Dr. L.sudhakar vs P.rama Krishna Reddy
Court's Decision & Legal Precedent
Evidence of medical doctors in criminal negligence cases constitutes substantive evidence and cannot be admitted through notarized affidavits under Section 296 Cr.P.C. The procedure prescribed under Section 200 Cr.P.C. for examination of complainant and witnesses upon oath, with substance reduced to writing and signed by all parties, is mandatory and cannot be defeated by adopting alternative procedures such as notarized affidavits, even if more convenient. The legality of interlocutory orders can be examined in a revision filed against final orders, notwithstanding that no direct revision lies against interlocutory orders.
On this section: Examination of witnesses by Magistrate in Sessions Cases - cited in the earlier remand order regarding proper procedure for recording witness statements
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 208
What have the courts held on Section 208 of the Code of Criminal Procedure?
Ram Prakash Chaddha vs The State of Uttar Pradesh (15 Jul 2024) is the leading judgment on this section among those set out below: Relates to documents to be supplied to accused; relevant for determining what constitutes 'record of case and documents submitted therewith' under Section 227. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2012 to 2024.
How do I find court cases under Section 208 of the Code of Criminal Procedure?
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: CRPC 208, section 208 CRPC, section 208 of the Code of Criminal Procedure. 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 Ram Prakash Chaddha vs The State of Uttar Pradesh (15 Jul 2024).
What should I read with Section 208 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 161 (Examination of witnesses by police), section 164 (Recording of confessions and statements), section 200 (Examination of complainant), section 202 (Postponement of issue of process), and on 1 further provision, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 231 (Supply of copies of statements and documents to accused in other cases triable by Court of Session), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 208 of the Code of Criminal Procedure come into force?
Section 208 of the Code of Criminal Procedure, cited as CRPC 208, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.