Section 261 BNSS: Compliance with section 230
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 261 BNSS at a Glance
Section 261 BNSS deals with compliance with section 230. It replaced Section 238 CrPC on 1 July 2024.
Section 261 BNSS Bare Act Text
261. Compliance with section 207
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.
Source: Section 261, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 261 BNSS in Simple Words
Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Compliance with section 230. It covers a warrant-case that was instituted on a police report. The accused appears, or is brought, before a Magistrate at the commencement of the trial. At that point the Magistrate shall be satisfied that the Magistrate has complied with the provisions of Section 230 of the Sanhita.
When Section 261 BNSS Applies
- Section 261 BNSS applies in any warrant-case instituted on a police report.
- It applies when 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 BNSS.
Example of Section 261 BNSS
When Section 261 BNSS Does Not Apply
- Section 261 BNSS speaks of a warrant-case instituted on a police report. It does not deal with the commitment of a case to the Court of Session when the offence is triable exclusively by it, which is the subject of Section 232 BNSS.
- Section 261 BNSS speaks of compliance with Section 230 BNSS. It does not deal with the supply of copies of statements and documents to the accused in other cases triable by the Court of Session, which is the subject of Section 231 BNSS.
Section 261 BNSS in the CrPC (Previous Law)
Section 261 BNSS replaces Section 238 CrPC from the old criminal code.
From 1 July 2024, Section 238 of the Code of Criminal Procedure, 1973 is found in Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 261 BNSS refers to Section 230 BNSS, in its heading and in its text, where Section 238 CrPC referred to Section 207 CrPC. The rest of the text is the same.
View CrPC Section 238 →FAQs on Section 261 BNSS
When does Section 261 BNSS apply?▼
In any warrant-case instituted on a police report, when the accused appears or is brought before a Magistrate at the commencement of the trial.
What must the Magistrate do under Section 261 BNSS?▼
The Magistrate shall satisfy himself that he has complied with the provisions of Section 230 BNSS.
What is Section 230 BNSS about?▼
Section 230 BNSS is headed Supply to accused of copy of police report and other documents.
What changed from Section 238 CrPC to Section 261 BNSS from 1 July 2024?▼
Section 261 BNSS has the same text as Section 238 CrPC, except that Section 261 BNSS refers to Section 230 BNSS where Section 238 CrPC referred to Section 207 CrPC. The heading carries the same reference: Compliance with section 230 in Section 261 BNSS and Compliance with section 207 in Section 238 CrPC.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·