LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit   20 August 2022

Cloned copy of cctv footage

in 380 ipc case police has cctv footage but they did not made  FSL test for this pen drive footage

charge sheet has provided to accuse but in this cctv footage of incident has not supplied yet 

after filing application to give cctv footage 

magistrate had ordered to supply copy of cctv footage on last hearing on 27 july 22

can accuse ask to provide a  a cloned copy of cctv footage  

before framing of charges

what time could accuse file application for clone copy

perhaps at the time of  prosecution evidence lawyer of accuse ask it to pretend  cctv footage is  tempered 

 



Learning

 2 Replies

Dr J C Vashista (Advocate)     21 August 2022

The accused is entitled for all documents attached / annexed by police under section 207 Cr PC which reads as:

Section 207 in The Code Of Criminal Procedure, 1973

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 therefrom 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.

Atul Ojha   21 August 2022

To redress the query of last paragraph of the question pl. get the Certificate u/s 65B of IEA from incharge of DVR of cctv that cctv footage is not tampered. This may be done by IO u/s 173,(8) of crpc by way of further investigation.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register