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Supreme Court of India 2019-11-29 partly_allowed

P. Gopalkrishnan @ Dileep vs State of Kerala and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court held that electronic records such as contents of memory cards or pen-drives constitute documents that must ordinarily be furnished to an accused in cloned form when the prosecution intends to rely on them at trial, to ensure effective defence under Article 21. The 'voluminous document' exception under CrPC s. 207 does not apply to electronic records. However, where privacy or witness/victim identity concerns exist, courts may restrict access to inspection only, with appropriate directions to balance both parties' interests. The trial court was directed to conclude proceedings within six months.

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