Clone CD l Prevention of Corruption Act l Dr. Jinesh Soni l 2025

Описание: Yes, an accused person in India generally has the right to receive a certified copy of a CD (or other electronic document) that the prosecution relies on as evidence, as this is considered a document under Section 207 of the Criminal Procedure Code (CrPC).
Here's a more detailed explanation:
Right to a Copy:
According to Section 207 of the CrPC, the accused is entitled to a copy of documents forwarded to the Magistrate along with the police report. This includes CDs or other electronic documents that the prosecution intends to use as evidence.
Material Document:
The Supreme Court has stated that a CD is a document under the law, and therefore, the accused is entitled to a copy of it.
Fair Trial:
Providing the accused with a copy of the CD ensures they have an opportunity to understand the evidence against them and prepare an effective defense, thus upholding their right to a fair trial.
Exceptions:
While the accused generally has the right to a copy, there may be exceptional circumstances where the court can deny the request, such as if providing the copy would compromise the privacy or safety of the victim or witnesses.
Supreme Court Ruling:
In P. Gopalkrishnan's case, the Supreme Court ruled that the supply of electronic documents can be denied only in exceptional circumstances as specified in the judgment.
Section 207A(3):
The object of Sections 162, 173 (4) and 207A(3) is to enable the accused to obtain a clear picture of the case against him before the commencement of the inquiry

Dr. Jinesh Soni Advocate
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