Legal Provisions of Section 238 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Compliance with Section 207:
Before the commencement of the trial the Magistrate shall satisfy himself that the accused has been supplied with the copies of the police report and other documents as is provided under Section 207 of the Code. The word “trial” used in this section cannot be construed in a strict sense.
ADVERTISEMENTS:
The object of this provision is to apprise the accused about the details of case against him so that he may prepare himself to cross-examine the witnesses and set up his defence without delay. The section seeks to ensure the right of the accused to complete disclosure of material against him at the very threshold of the trial, and this right extends even to cases instituted otherwise than on a police report if the proceedings were preceded by police investigation.
Omission to supply copies of police report and other documents has been held to be an irregularity which is not so fatal as to vitiate the trial and it could be cured under Section 465 of the Code.
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The expression “at the commencement of the trial” used in the section connotes the starting point or beginning of the trial and a trial is said to begin when the charge is framed against the accused.