Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - S.207 Cr.P.C, does not empower Magistrate to withhold any `document' submitted by I.O alongwith police report except when it is voluminous...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Furnishing of documents to accused u/s 207 Cr.P.C, is a facet of right of accused to a fair trial enshrined in Art.21 of Constitution...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Cloned copy is not a photocopy but is a mirror image of original and accused has right to have same to present his defence effectively...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Contents of memory card/pen drive being electronic record must be furnished to accused if prosecution is relying on the same, which can be done in the form of cloned copy of memory card/pen drive...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Where case involving issues such as of privacy of complainant/witness or his/her identity, Court may be justified in providing only inspection thereof to accused and his/her lawyer or expert for presenting effective defence during trial - Court may issue suitable directions to balance..........
Criminal Procedure Code, 1973, Section 207 -- Proviso (ii) - Inspection of documents - Electronic record - If accused or his lawyer himself intends to inspect documents in question, he can request Magistrate to provide him inspection in Court, if necessary even for more than once alongwith his lawyer and I.T expert to enable him to effectively defend himself during trial...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Cloned copy of contents of memory card/pen-drive handing over to one accused - There are eight named accused in the case - Once relief is granted to one accused, other accused would follow same suit - In that event, cloned copies of contents of memory card/pen-drive would be freely..........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - Private counsel engaged by victim to assist public prosecutor cannot make oral argument/cross examine witnesses...........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - Victim's counsel has a limited right of assisting prosecution, which may extend to suggesting questions to Court or prosecution, but not putting them by himself...........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - There is no bar on victim engaging a private counsel to assist prosecution, subject to permission of Court...........
