Can Documents Relied On By Prosecution Be Supplied To Accused In Digital Format? Supreme Court To Examine Whether Hard Copy Is Mandatory
1 year, 8 months ago

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

Live Law  

The Supreme Court will examine whether supplying of hard copies of the documents relied on by the Prosecution, is mandatory, or can it be supplied in digital format?This issue was raised in a special leave petition filed by Central Bureau of Investigation against the Judgment of Madhya Pradesh High Court that had upheld the direction issued by the Special Judge ordering for supply of hard. The Supreme Court will examine whether supplying of hard copies of the documents relied on by the Prosecution, is mandatory, or can it be supplied in digital format? This issue was raised in a special leave petition filed by Central Bureau of Investigation against the Judgment of Madhya Pradesh High Court that had upheld the direction issued by the Special Judge ordering for supply of hard copies of the concerned documents to the accused. The CBI, relying on Section 4 of the Indian Technology Act, 2000 and also Section 207 of the Code of Criminal Procedure, contended that supplying of documents in digital format is permissible, under the Indian Laws.

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History of this topic

Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court
1 week, 5 days ago

Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court

Live Law  

The Delhi High Court has ruled that an accused cannot be denied the certified or attested copy of documents forming part of the chargesheet after commencement of trial. While granting relief to two accused persons, Justice Vikas Mahajan said: “Even assuming that copy of the hard disk in question was supplied to the accused persons at the stage of Section …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months, 1 week ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The court held that the defence's admission of the documents could not be used to discredit the prosecution's story, as the prosecution had already supported …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months, 1 week ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The bench comprising Justices Vikram Nath and Prasanna B. Varale said that after the prosecution's documents were admitted under Section 294 Cr.P.C. by the defence …

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report
9 months, 3 weeks ago

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

Live Law  

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with witnesses statements and documents, hereinafter. This direction shall be complied strictly hereinafter.” The Court stated …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
11 months, 3 weeks ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2
1 year, 2 months ago

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

Live Law  

MCQs based on Current SC Judgments- September 2023 21. 2023 LiveLaw 724, 2023 INSC 776 b) Drakshayanamma v. Girish, 2023 LiveLaw 709 c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 d) State of Punjab v. Shika Trading Co., 2023 LiveLaw 721: 2023 INSC 773 Answer- c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 Explanation: The Supreme …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 3 months ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

Accused Entitled Only To 'List' Of Documents Not Relied Upon By Investigating Agency At Commencement Of Trial: Punjab & Haryana High Court
2 years, 4 months ago

Accused Entitled Only To 'List' Of Documents Not Relied Upon By Investigating Agency At Commencement Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that at commencement of trial, an accused person is entitled to a list of those documents which are not relied upon by the Investigating agency. He referred to Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh and Others, wherein the Supreme Court had …

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court
2 years, 7 months ago

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. Mehta had questioned the order of Additional City Civil and Sessions Judge, Bengaluru, only partly allowing his application under Section 207 of …

Supreme Court Launches E-Copying Software To Facilitate 'Contactless', 'Doorstep' Delivery Of Certified Copies Of Judgments
4 years ago

Supreme Court Launches E-Copying Software To Facilitate 'Contactless', 'Doorstep' Delivery Of Certified Copies Of Judgments

Live Law  

The Supreme Court has launched a web-based e-Copying software to facilitate doorstep and contactless delivery of certified copies of Supreme Court judgments/proceedings. www.sci.gov.in, will facilitate entitled stakeholders to get such copies, as admissible, under Supreme Court Rules, 2013 and A Handbook on Practice and Procedure and Office Procedure, 2017. The stakeholders can apply for Certified Hard Copies of the Supreme …

Bhima-Koregaon: Spl UAPA Court Allows Copy Of Forensic Reports To Be Given To Accused Surendra Gadling and Arun Ferreira [Read Order]
5 years, 10 months ago

Bhima-Koregaon: Spl UAPA Court Allows Copy Of Forensic Reports To Be Given To Accused Surendra Gadling and Arun Ferreira [Read Order]

Live Law  

The Special Court designated under the Unlawful Activities Prevention Act in Pune has ordered copies of forensic reports submitted along with the police report, to be furnished to human rights lawyer Surendra Gadling and activist Arun Ferreira, accused in the Bhima-Koregaon case. She also pointed to proceedings pending against Anand Teltumbde and Gautam Navlakha, other accused in the case stating …

SC Clarifies on Electronic Evidence admissibility: No certificate needed in certain cases
7 years, 1 month ago

SC Clarifies on Electronic Evidence admissibility: No certificate needed in certain cases

India TV News  

The Supreme Court has clarified that the requirement of a certificate to make an electronic evidence admissible is not mandatory in certain cases. This means that courts can rely on electronic records without a certificate in specific situations, such as when the person producing the evidence is not in a position to provide a certificate. The court also considered the …

CJI J S Khehar says digital filing of cases in SC would make system transparent
7 years, 10 months ago

CJI J S Khehar says digital filing of cases in SC would make system transparent

Firstpost  

Digital filing of cases would make the judicial system “extremely transparent” and rule out any manipulation of records, Chief Justice of India J S Khehar said on Wednesday. New Delhi: Digital filing of cases would make the judicial system “extremely transparent” and rule out any manipulation of records, Chief Justice of India J S Khehar said on Wednesday. Introducing the …

Coal Scam: Court ticks off CBI for not supplying all documents
9 years, 5 months ago

Coal Scam: Court ticks off CBI for not supplying all documents

India TV News  

New Delhi : A special court today ticked off the CBI for not supplying all papers to the accused in a coal scam case, saying it was "creating problems" and directing the agency to provide a 200-page document to them within a time- frame. "I am surprised how a complete set of one document running into around 200 pages have …

1994 triple murder: CBI alleges Saini tampered with documents
10 years, 10 months ago

1994 triple murder: CBI alleges Saini tampered with documents

India TV News  

New Delhi: The CBI has filed an application in a Delhi court seeking action against Punjab DGP Sumedh Singh Saini, an accused in 1994 triple murder case, for allegedly showing tampered copies of some certified documents to a prosecution witness during his examination. Special CBI judge A K Mendiratta asked the CBI to supply copy of its application to the …

2G : Court Directs CBI To Provide File To Subramanian Swamy
13 years, 4 months ago

2G : Court Directs CBI To Provide File To Subramanian Swamy

India TV News  

New Delhi, Nov 8: The CBI was today directed by a Delhi court to provide a certified copy of a file relating to 2G spectrum allocation to Janata Party chief Subramanian Swamy who alleged the document would prove the “complicity” of the then Finance Minister P Chidambaram in the scam. Swamy, in an application filed before the court, said the …

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