Court Highlights Mandatory Compliance with Section 230 B.N.S.S., 2023 for Fair Trial
In a significant ruling, the Allahabad High Court has quashed the charge framed against Vijendra Kumar in a case involving serious charges under the POCSO Act and the SC/ST Act due to non-compliance with procedural requirements. The judgment, delivered by Justice Avnish Saxena, emphasized the mandatory nature of Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which requires that police reports and other relevant documents be provided to the accused to ensure a fair trial.
The court found that the trial court in Etawah had framed charges against Kumar without adhering to the legal provisions that mandate the supply of police reports and other documents to the accused within 14 days of his appearance in court. This lapse was highlighted in the order dated January 6, 2025, and subsequent proceedings, leading to the framing of charges on April 4, 2025.
Kumar's counsel argued that the trial court fixed the date for framing the charge without providing the documents, thus denying the accused the opportunity to move a discharge application as per Sections 261 and 262 of B.N.S.S., 2023. The High Court noted that the trial court's actions violated the principle of a free and fair trial, which is a cornerstone of the judicial process.
Despite arguments from the state counsel and the opposite party's counsel that the accused had received the documents, the High Court ruled that the absence of explicit compliance with Section 230 B.N.S.S. in the trial court's order invalidated the proceedings. The court directed that the accused be provided with the necessary documents within a week and be allowed to move a discharge application thereafter.
This decision underscores the importance of adhering to procedural laws and safeguarding the rights of the accused to a fair trial. The ruling serves as a reminder to lower courts of their obligation to ensure that legal protocols are followed meticulously to uphold the integrity of the judicial process.
Bottom Line:
Non-compliance of Section 230 B.N.S.S., 2023 regarding supply of police report and other documents to the accused results in violation of the principle of free and fair trial. Charge framed without compliance of Section 230 B.N.S.S. is liable to be quashed.
Statutory provision(s): Section 230 B.N.S.S., 2023, Sections 261 and 262 B.N.S.S., 2023
Vijendra Kumar v. State Of U.P. (Allahabad) : Law Finder Doc id # 2845401
