Supply to accused of copy of police report and other documents
AI Assist
Summary
If a proceeding is started on a police report, the Magistrate must, within 14 days of the accused being produced or appearing, give free copies to the accused and to the victim (if represented by an advocate) of the police report, the FIR, witness statements the prosecution intends to use, confessions and other documents sent with the report. The Magistrate may withhold parts the police asked to exclude but can order full or partial disclosure after reading them. If material is voluminous the Magistrate may supply electronic copies or allow inspection, and electronic supply counts as duly furnished.
Example
Priya files an FIR and Arjun is produced before the Magistrate. Because the case is on a police report, the Magistrate must give Arjun a free copy of the police report, the FIR and the witness statements the prosecution will use within 14 days; Priya also gets copies because she has an advocate. If the police asked part of a statement to be excluded, the Magistrate may read that part and decide whether to disclose it.
Bare Act
Enacted textIn any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:-
(i) the police report;
(ii) the first information report recorded under section 173;
(iii) the statements recorded under sub-section (3) of section 180 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 (7) of section 193;
(iv) the confessions and statements, if any, recorded under section 183;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193:
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 such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court:
Provided also that supply of documents in electronic form shall be considered as duly furnished.
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