Supply to the accused of copy of police report and other documents
AI Assist
Summary
Where a case is started on a police report, the magistrate must promptly give the accused, free of cost, copies of the police report, the FIR, statements recorded under section 161(3) of persons the prosecution proposes to call, confessions or statements under section 164, and other documents sent with the report. The magistrate may order only partial disclosure of witness statements after considering the police reasons, and if a document is voluminous may allow inspection in court or through a pleader instead of supplying a copy.
Example
Priya is accused after a police report. The magistrate gives her free copies of the police report, the FIR and the witness statements the prosecution will use, but withholds a portion a police officer asked to exclude. A large company ledger sent by police is not copied; Priya inspects it in court through her pleader.
Bare Act
Enacted textIn any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:
(i) the police report;
(ii) the first information report recorded under section 154;
(iii) the statements recorded under Sub-Section (3) of section 161 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 (6) of section 173;
(iv) the confessions and statements, if any, recorded under section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under Sub-Section (5) of section 173:
Provided that the Magistrate may, after perusing any such pan 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 document referred to in clause (v) 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 pleader in Court.
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