Right of accused to get copies of document
Sujeer
(Querist) 29 July 2009
This query is : Open
Sir
Whether an accused in prosecution u/s 138 of NI act entitled for copies of documents produced by complainants, as of right?
Sec 204 of Cr.P.C says summons shall accompany copy of complaint and silent about document.
Sec 207 deals cases on police report.
Sec 208 deals with sessions case.
Pls see 1985 Cr L J 761.
Is there any recent Supreme Court or Kerala ruling?
Prakash Yedhula
(Expert) 29 July 2009
Section 207 is clear on furnishing of documents.
207. Supply to the accused of copy of police report and other documents.
In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following.
(i) The police report;
(ii) The first information report recorded under section 154:
(iii) The statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding there from any part in regard to which a request for such exclusion has been made by the police officer under sub- section (6) of section 173.
(iv) The confessions and statements, if any, recorded under section 164;
(v) Any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in Clause (v) is Voluminous, he shall, instead of furnishing the accused with a copy thereof', direct that he will only be allowed to inspect it either personally or through pleader in court.
