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 2 Replies

175B083 Mahesh P S   01 March 2021

Hello,

Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session are defined under Section 207 and 208 of CRPC 1973. Provisions under these sections are:

Section 207 of CRPC "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.

 

Section 208 of CRPC "Supply of copies of statements and documents to accused in other cases triable by Court of Session"

Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-

(i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;

(ii) the statements and confessions, if any, recorded under section 161 or section 164;

(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:

Provided that if the Magistrate is satisfied that any such document 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. (Source- aaptaxlaw) 

Thank you

 

 

minakshi bindhani   02 November 2021

As per your concern!

Section 207 and 208 under the Criminal Procedure Code, 1973 deals with the Rights of the accused in Indian Criminal Trial
Right to a copy of the police report and other documents

As per section 207 of CrPC, the accused has the right to be furnished with the following in case the proceeding has been initiated on a police report:

1. the police report;

2. the first information report recorded under section 154;

3. the statements recorded under sub-section (3) of section 161;

4. the confessions and statements, if any, recorded under section 164;

5. any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173.

And as per section 208 of CrPC, when a case is not instituted by a police report but when the offence is triable exclusively by the Court of Session:

1ยท the statements recorded under section 200 or section 202 or all persons examined by the Magistrate.

2. the statements and confessions, if any, recorded under section 161 or section 164;

3. any documents produced before the Magistrate on which the prosecution proposes to rely.

Hope it is useful
Regards
Minakshi Bindhani

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