Section 208 CrPC: Supply of copies of statements and documents to accused in other cases triable by Court of Session

Code of Criminal Procedure, 1973

Section 208 CrPC at a Glance

Section 208 CrPC deals with supply of copies of statements and documents to accused in other cases triable by Court of Session. From 1 July 2024 it is replaced by Section 231 BNSS.

Now BNSS

Section 231 →

What Section 208 CrPC Says

208. 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;

(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.

Source: Section 208, Code of Criminal Procedure, 1973

Section 208 CrPC in Simple Words

Section 208 of the Code of Criminal Procedure, 1973 reads that where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 CrPC 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 the statements recorded under Section 200 CrPC or Section 202 CrPC of all persons examined by the Magistrate, the statements and confessions, if any, recorded under Section 161 CrPC or Section 164 CrPC, and any documents produced before the Magistrate on which the prosecution proposes to rely.

A proviso follows.

When Section 208 CrPC Applies

  • Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 CrPC 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 document listed in Section 208 CrPC.
  • The Magistrate shall furnish a copy of the statements recorded under Section 200 CrPC or Section 202 CrPC of all persons examined by the Magistrate.
  • The Magistrate shall furnish a copy of the statements and confessions, if any, recorded under Section 161 CrPC or Section 164 CrPC.
  • The Magistrate shall furnish a copy of any documents produced before the Magistrate on which the prosecution proposes to rely.
  • If the Magistrate is satisfied that any such document is voluminous, the Magistrate shall, instead of furnishing the accused with a copy, direct that the accused will only be allowed to inspect it either personally or through pleader in Court.

Time Limits Under Section 208 CrPC

  • The Magistrate shall furnish the copies without delay.Act text: “the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following”

Example of Section 208 CrPC

Meera files a complaint against Arjun, and the case is instituted otherwise than on a police report. The Magistrate examines Meera and a witness under Section 200 CrPC and Section 202 CrPC. While issuing process under Section 204 CrPC, it appears to the Magistrate that the offence is triable exclusively by the Court of Session. Under Section 208 CrPC, the Magistrate shall without delay furnish to Arjun, free of cost, a copy of the statements recorded under Section 200 CrPC and Section 202 CrPC and a copy of any documents produced before the Magistrate on which the prosecution proposes to rely. The Magistrate is satisfied that one such document is voluminous. Under the proviso, the Magistrate shall, instead of furnishing Arjun with a copy, direct that Arjun will only be allowed to inspect it either personally or through pleader in Court.

When Section 208 CrPC Does Not Apply

  • Section 208 CrPC speaks of a case instituted otherwise than on a police report. It does not deal with a case instituted on a police report.
  • Section 208 CrPC speaks of an offence triable exclusively by the Court of Session. It does not deal with an offence triable by a Court other than the Court of Session.

Section 208 CrPC Under BNSS 231: What Changed

Section 208 CrPC is now covered under Section 231 BNSS.

Section 208 of the Code of Criminal Procedure, 1973 is found in Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 231 BNSS reads forthwith where Section 208 CrPC read without delay. Section 231 BNSS refers to Section 227 BNSS, Section 223 BNSS, Section 225 BNSS, Section 180 BNSS and Section 183 BNSS where Section 208 CrPC referred to Section 204 CrPC, Section 200 CrPC, Section 202 CrPC, Section 161 CrPC and Section 164 CrPC. The proviso to Section 231 BNSS reads an advocate where the proviso to Section 208 CrPC read pleader. Section 231 BNSS adds a further proviso on supply of documents in electronic form.

View detailed comparison (CrPC 208 vs BNSS 231) →

FAQs on Section 208 CrPC

When must the Magistrate furnish copies to the accused under Section 208 CrPC?▼

Section 208 of the Code of Criminal Procedure, 1973 reads that where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 CrPC 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 documents listed in the section.

Which statements and documents are furnished under Section 208 CrPC?▼

Section 208 CrPC lists the statements recorded under Section 200 CrPC or Section 202 CrPC of all persons examined by the Magistrate, the statements and confessions, if any, recorded under Section 161 CrPC or Section 164 CrPC, and any documents produced before the Magistrate on which the prosecution proposes to rely.

What does Section 208 CrPC say about a voluminous document?▼

The proviso to Section 208 CrPC reads that if the Magistrate is satisfied that any such document is voluminous, the Magistrate shall, instead of furnishing the accused with a copy, direct that the accused will only be allowed to inspect it either personally or through pleader in Court.

Where is Section 208 CrPC found in the BNSS from 1 July 2024?▼

Section 208 CrPC has no sub-sections, and maps as a whole to Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 231 BNSS reads forthwith where Section 208 CrPC reads without delay.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·