Supply of copies of statements and documents to accused in other cases triable by Court of Session
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Summary
When a case not started by a police report is held by the Magistrate issuing process under section 204 to be triable only by the Court of Session, the Magistrate must without delay give the accused free copies of certain material. That includes statements recorded under sections 200 or 202, statements or confessions under sections 161 or 164, and any documents the prosecution will rely on. If a document is voluminous, the Magistrate may instead allow the accused to inspect it personally or through a pleader in Court.
Example
Priya files a private complaint and the Magistrate issuing process under section 204 finds the offence triable only by the Court of Session. The Magistrate must promptly give the accused free copies of witness statements recorded under sections 200 or 202, any statements or confessions under sections 161 or 164, and the documents the prosecution intends to rely on. If a document is too voluminous, the accused may be allowed to inspect it personally or through a pleader in Court.
Bare Act
Enacted textWhere, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:
(i) the statements recorded under section 200 or section 202, or all persons examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section 161 or section 164;
(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 pleader in Court.
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