BNSS Allows Supply Of Chargesheet & Case Documents To Victims Free Of Cost : Supreme Court Disposes Of Plea

The Supreme Court today disposed of a petition seeking directions to authorities for free supply of chargesheets to complainants/victims and issuance of notice to them at pre-trial stage.

It observed that while the first issue stood resolved in terms of Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), on the second issue, the Court, under writ jurisdiction, could not direct the legislature to enact law in a particular manner.

"In a writ jurisdiction, neither the High Court nor this Court can direct Legislature to enact a law in a particular manner."

A bench of Justices BR Gavai and AG Masih passed the order after Additional Solicitor General Archana Pathak Dave informed that Section 230 of BNSS (unlike Section 207 CrPC) provides for free supply of copy of chargesheet to the victims/complainants and as such, the matter has become infructuous. As per Section 207 CrPC, only the accued had the right to get the copies free of cost.

Notably, Section 230 deals with "supply to accused of copy of police report and other documents" and reads thus:

"In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—

(i) the police report;

(ii) the first information report recorded under section 173;

(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193;

(iv) the confessions and statements, if any, recorded under section 183;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193..."

The ASG also drew the Court's attention to Section 360 of BNSS, which stipulates that before a prosecution is allowed to be withdrawn, the concerned Court give an opportunity of hearing to the victim.

Following the ASG's submission, the petitioner's counsel insisted that the other issue regarding notice to victims/complainants at pre-trial stage survives, but the Court opined that it could not direct the legislature to enact law in a particular manner. Accordingly, the matter was disposed of.

After the order was dictated, the petitioner's counsel pressed that there are pending cases which are dictated by provisions of CrPC (and as such, S.230 BNSS does not apply to them); so, a direction may be issued in their regard. However, the Court did not entertain the request.

Background

The genesis of the case lay in the petitioner approaching the Delhi High Court with a PIL for directions: (i) to all the District Courts/ Police Stations to supply a copy of the chargesheet/police report/final report to the complainant/victim at free of cost, and (ii) to all District Courts to issue notice to complainants/victims at the time of taking of cognizance.

This PIL was disposed of by a Division Bench of the High Court, noting that the Ministry of Home Affairs, Government of India (Women Safety Division) issued direction to all states and UTs on October 9, 2020 for implementation of 'Standard Operating Procedure ("SOP") for Investigation and Prosecution of Rape against Women' prepared by Bureau of Police Research and Development.

In paragraph 23 of this SOP (which pertains to sexual offences against women and children), police has been directed to provide a copy of chargesheet to the victim/informant without any cost.

The High Court further took into account Part F (Volume-IV, Chapter 17) titled 'Preparation and Supply of Copies' of the Delhi High Court Rules, as per which a party to a criminal case is entitled to obtain copies of the record of the case upon filing of an application.

Based on the above, it was concluded that in cases pertaining to sexual offences against women and children, there is adequate statutory mechanism in existence for a victim or complainant to obtain copies/certified copies, and therefore, no further direction was merited.

So far as the petitioner's prayer for directions to issue notice to complainants/victims at pre-trial stage, the High Court noted that there was no such mandate in criminal law. It was further of the view that if petitioner's prayer was allowed, the direction would result in avoidable and undesirable delays in trials and work against the objective of expeditious trials.

Aggrieved by the High Court judgment, the petitioner approached the Supreme Court. Besides the foregoing aspects, he pointed out in the petition that the Bhartiya Nagrik Suraksha Sanhita includes a provision for supply of chargesheet/final report to victim. However, the same is yet to come into force, "leaving the victims in lurch in the interregnum".

Case Title: Vivek Kumar Gaurav v. Union of India, SLP(C) No.7446/2024