Can Documents Relied On By Prosecution Be Supplied To Accused In Digital Format? Supreme Court To Examine Whether Hard Copy Is Mandatory

The Supreme Court will examine whether supplying of hard copies of the documents relied on by the Prosecution, is mandatory, or can it be supplied in digital format?

This issue was raised in a special leave petition filed by Central Bureau of Investigation against the Judgment of Madhya Pradesh High Court that had upheld the direction issued by the Special Judge ordering for supply of hard copies of the concerned documents to the accused.

The CBI, relying on Section 4 of the Indian Technology Act, 2000 and also Section 207 of the Code of Criminal Procedure, contended that supplying of documents in digital format is permissible, under the Indian Laws. Reliance was also placed on the decision in P. Gopalkrishnan alias Dileep vs. State of Kerala and Another [(2020) 9 SCC 161].

Section 4 of IT Act reads as follows: Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is– (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.

Section 207 CrPC deals with the supply to the accused of copy of police report and other documents.

The court has ordered to list the matter after four weeks.

Case details

CENTRAL BUREAU OF INVESTIGATION, BHOPAL vs ABHISHEK SACHAN @ ABHISHEK SINGH | Special Leave to Appeal (Crl.) No(s).405/2021 

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