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Supreme Court of India 2017-02-08 allowed

Tarun Tyagi vs Central Bureau of Investigation

Bench: 2 — A.K. Sikri

In Brief

The appellant, accused of stealing and selling source code for data recovery software, sought copies of seized hard disks under Section 207 of the Criminal Procedure Code. The CBI opposed disclosure fearing misuse and copyright violation. The Supreme Court held that fair trial requires supplying copies of all prosecution documents to the accused. The Court allowed the appeal with safeguards: contents must be recorded and attested to by both parties in court, and the appellant must execute an undertaking not to misuse the source code. The judgment emphasized that statutory rights under Section 207 cannot be denied by mere apprehension of misuse when technical protections and legal undertakings are available.

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Intellectual Property Copyright Criminal Procedure Right to Fair Trial Evidence Seizure and Search Cyber Crime Software Piracy

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