Section 238 CrPC: Compliance with section 207

Code of Criminal Procedure, 1973

Section 238 CrPC at a Glance

Section 238 CrPC deals with compliance with section 207. From 1 July 2024 it is replaced by Section 261 BNSS.

Now BNSS

Section 261 →

What Section 238 CrPC Says

238. 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.

Source: Section 238, Code of Criminal Procedure, 1973

Section 238 CrPC in Simple Words

Section 238 of the Code of Criminal Procedure, 1973 is headed Compliance with section 207. 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 207 of the Code.

When Section 238 CrPC Applies

  • Section 238 CrPC 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 207 CrPC.

Example of Section 238 CrPC

A warrant-case is instituted on a police report against Vikram. Vikram appears before a Magistrate at the commencement of the trial. The Magistrate shall satisfy himself that he has complied with the provisions of Section 207 CrPC.

When Section 238 CrPC Does Not Apply

  • Section 238 CrPC 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 209 CrPC.
  • Section 238 CrPC speaks of compliance with Section 207 CrPC. 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 208 CrPC.

Section 238 CrPC Under BNSS 261: What Changed

Section 238 CrPC is now covered under Section 261 BNSS.

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 detailed comparison (CrPC 238 vs BNSS 261) →

FAQs on Section 238 CrPC

When does Section 238 CrPC 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 238 CrPC?▼

The Magistrate shall satisfy himself that he has complied with the provisions of Section 207 CrPC.

What is Section 207 CrPC about?▼

Section 207 CrPC is headed Supply to the accused of copy of police report and other documents.

Where is Section 238 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 238 CrPC has no sub-sections, and maps as a whole to Section 261 BNSS from 1 July 2024. Section 238 CrPC refers to Section 207 CrPC, and Section 261 BNSS refers to Section 230 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·