Court sets aside trial court order, holds that electronic evidence filed with charge-sheet must be furnished to the accused under Section 207 Cr.P.C. and Article 21.
Jaipur: The Rajasthan High Court has held that an accused is entitled to receive copies of electronic evidence, including CCTV footage stored in a DVD and pen drive, when such material is filed along with the charge-sheet and relied upon by the prosecution. The Court ruled that withholding such material violates the accused’s right to a fair trial under Article 21 of the Constitution.
Justice Anoop Kumar Dhand passed the order while hearing a criminal miscellaneous petition filed by Amar Singh, who challenged a trial court order dated 31 July 2023. The trial court had rejected his application seeking a copy of the DVD and pen drive containing CCTV footage collected during investigation and submitted with the charge-sheet.
The petitioner argued that the charge-sheet was filed in relation to offences under Sections 147, 148, 149, 323, 341, 336, 365, 308 and 506 of the Indian Penal Code, and that the electronic evidence was part of the prosecution record. Since these materials were not supplied to him, he claimed that his defence was being prejudiced. The State opposed the petition.
The High Court observed that Section 207 of the Code of Criminal Procedure makes it mandatory for the prosecution to furnish all material evidence to the accused without delay. The Court emphasized that this obligation includes electronic records such as DVDs and pen drives containing CCTV footage, if the prosecution intends to rely on them during trial.
Referring to Supreme Court precedents including P. Gopalkrishnan v. State of Kerala, Hardeep Singh v. State of Punjab, Tarun Tyagi v. CBI, and Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi), the Court reiterated that fair disclosure is an essential component of criminal justice. It noted that the Magistrate and trial court have a duty to ensure strict compliance with Section 207 Cr.P.C.
The Court further held that electronic records are documents within the meaning of the law, and the accused should ordinarily be given a cloned copy of such material to prepare an effective defence. However, in cases involving privacy or identity concerns of victims or witnesses, the Court said it may permit inspection instead of full copying, depending on the facts.
Finding the trial court’s refusal unsustainable, the High Court quashed the impugned order and directed the trial court to forthwith supply a cloned copy of the DVD and pen drive containing the CCTV footage to the accused.
The Court also noted that a fair trial is a fundamental right and that denial of access to material evidence can seriously affect the accused’s ability to defend himself. The petition was accordingly allowed, and all pending applications were disposed of.
Bottom Line :
Section 207 Cr.P.C. mandates the prosecution to furnish all material evidence, including electronic evidence, such as DVDs and pen drives containing CCTV footage, to the accused for ensuring a fair trial. Failure to supply such evidence violates the accused's fundamental right to a fair trial under Article 21 of the Constitution of India.
Statutory provision(s): Section 207 Cr.P.C., Section 173(5) Cr.P.C., Section 173(6) Cr.P.C., Section 161 Cr.P.C., Section 164 Cr.P.C., Section 208 Cr.P.C., Section 319 Cr.P.C., Article 21 of the Constitution of India, Sections 147, 148, 149, 323, 341, 336, 365, 308, 506 IPC
Amar Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2987163
