Supreme Court To Examine Whether Hard Copy Is Mandatary; Can Documents Relied On By Prosecution Be supplied To Accused In Digital Format?

The Supreme Court in the case Central Bureau of Investigation, Bhopal vs Abhishek Sachan @ Abhishek Singh observed and will examine as to whether the supplying of hard copies of the documents relied on by the Prosecution, being mandatory, or can it be supplied in the digital format?

In the present case, the special leave plea was moved by the Central Bureau of Investigation against the judgement of Madhya Pradesh High Court wherein the court observed and has upheld the direction which are issued by the Special Judge wherein it ordered for supply of hard copies of the concerned documents to the accused.

The Central Bureau of Investigation also relied upon Section 4 of the Indian Technology Act, 2000 and also Section 207 of the Code of Criminal Procedure, wherein it is contended that supplying of documents in the digital format is permissible as stated under the Indian Laws. The court also placed Reliance on the decision in the case P. Gopalkrishnan alias Dileep vs. State of Kerala and Another.

It has also been stated that as per section 4 of the Act that where the said law provides that information or any other matter shall be in writing or in the typewritten or in the printed form, then, notwithstanding anything which is contained in such law that such requirement shall be deemed to have been satisfied if such information or the matter is– (a) rendered or is being made available in an electronic form; and (b) the accessible so as to be usable for the subsequent reference.

The court in the case observed and has also dealt with section 207 of the Code of Criminal Procedure with the supply to the accused of copy of police report and other documents.
Accordingly, the court listed the matter for further consideration after four weeks.