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Supreme Court of India 2019-11-29 partly_allowed

P. GOPALKRISHNAN @ DILEEP vs THE STATE OF KERALA

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

This Supreme Court case addresses whether electronic records (video footage on a memory card) constitute 'documents' that must be furnished to an accused under the Criminal Procedure Code. The Court held that electronic records are indeed documents and ordinarily must be disclosed to the accused to ensure fair trial rights under Article 21. However, in serious cases like rape where victim privacy is at stake, the Court balanced conflicting fundamental rights: rather than handing over unrestricted copies, courts may allow the accused to seek independent expert opinion from the Central Forensic Science Laboratory or inspect materials in court under safeguards. This balances the accused's right to effective defence with the victim's privacy and dignity, serving the larger interests of justice and rule of law.

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Criminal Procedure Evidence Digital/Electronic Evidence Rights of Accused Fair Trial Victim Privacy Sexual Offences Fundamental Rights Document Definition

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