Accused can supplied copy of confession prior to filing of charge sheet
A) There is no prohibition in law to supply a copy or a certified copy of a confessional statement of an accused, to the accused, at any stage before filing of charge sheet; B) However, the accused has no legal right to seek a copy or a certified copy of his/her confessional statement at any stage before filing of the charge sheet;
C) It is entirely within the discretion of the investigating agency or prosecution as to whether to supply and/or permit supply of copy of a confessional statement to an accused before filing of charge sheet. If the investigating agency is of the view that such a supply of copy at such stage to an accused is not going to adversely affect its investigation, it will be open for the investigating agency to supply and/or permit supply of such a copy at such a stage to the accused. However if the investigating agency is of the view that such a supply of copy at such stage to an accused is going to adversely affect its investigation, it will be open for the investigating agency not to
supply and/or not to permit supply of such a copy at such a stage to the accused. In such an eventuality such a copy shall not be supplied to the accused at such a stage. The discretion of the investigating agency or the prosecution in the aforesaid limited regard is not justiciable ;
Bombay High Court
Maria Monica Susairaj vs Malad Police Station, Mumbai on 14 October, 2008
Bench: Bilal Nazki, A.A. Kumbhakoni
