Compliance with section 207
Section 238 of the Code of Criminal Procedure, 1973 deals with compliance with section 207. 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. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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.
Section 238, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 261 Compliance with section 230 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 The repealed enactment still governs what happened while it was in force.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.
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State Tr. Insp. of Police vs A. Arun Kumar
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
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Adi Malik vs State
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 238
What have the courts held on Section 238 of the Code of Criminal Procedure?
State Tr. Insp. of Police vs A. Arun Kumar (17 Dec 2014) is the leading judgment on this section among those set out below: 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 238 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 238, section 238 CRPC, section 238 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 State Tr. Insp. of Police vs A. Arun Kumar (17 Dec 2014).
What should I read with Section 238 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 207 (Supply to the accused of copy of police report and other documents), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 261 (Compliance with section 230), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 238 of the Code of Criminal Procedure come into force?
Section 238 of the Code of Criminal Procedure, cited as CRPC 238, 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.