Supply of copies of statements and documents to accused in other cases triable by Court of Session
AI Assist
Summary
When a privately started case is committed for trial because it is exclusively triable by the Sessions Court, the Magistrate must promptly give the accused, free of cost, copies of all statements the Magistrate recorded, any recorded confessions, and any documents the prosecution intends to rely on. If a document is too voluminous, the Magistrate may instead allow inspection only in court personally or through an advocate. Supplying documents electronically counts as furnishing them.
Example
Priya files a private complaint about a landlord dispute and the Magistrate finds the offence is triable only by the Sessions Court, so he commits the case. The Magistrate must give the accused free copies of all witness statements he recorded, any confession, and the tenancy papers prosecution will rely on. If the tenancy file is huge the Magistrate may allow inspection only in court through an advocate.
Bare Act
Enacted textWhere, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:-
(i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section 180 or section 183;
(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court:
Provided further that supply of documents in electronic form shall be considered as duly furnished.
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