Chapter XVI
Section 207 CrPC: Supply to the accused of copy of police report and other documents
New Law Update (2024)
Section 230 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) the police report;
(2) the First Information Report recorded under Section 154;
(3) the statements recorded under Sub-Section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under Sub-Section (6) of Section 173;
(4) the confessions and statements, if any, recorded under Section 164;
(5) any other document or relevant extract thereof forwarded to the Magistrate with the police report under Sub-Section (5) of Section 173;
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in Clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused;
Provided further that if the Magistrate is satisfied that any document referred to in Clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through a pleader in Court.
Important Sub-Sections Explained
Proviso to Section 207
The first proviso allows the Magistrate to order the supply of a copy of a statement, or a part thereof, even if the police officer requested its exclusion, after reviewing the reasons. The second proviso addresses voluminous documents, permitting the Magistrate to direct inspection instead of supplying a physical copy, either personally or through a pleader in Court.
Landmark Judgements
V.K. Sasikala v. State (NCT of Delhi) (2005):
The Supreme Court held that the right of an accused to receive copies of documents under Section 207 CrPC is not limited to documents relied upon by the prosecution but extends to all documents that are essential for the accused to prepare their defense and ensure a fair trial.
Nitya Dharamanda Mishra v. State of Maharashtra (2018):
The Supreme Court reiterated the fundamental importance of providing all relevant documents to the accused under Section 207 CrPC, emphasizing that this provision is crucial for ensuring a fair investigation and trial by enabling the accused to know the case they have to meet.
P. Gopalkrishnan @ Dileep v. State of Kerala (2019):
This case dealt with the accused’s right to access digital evidence, specifically contents of a memory card, affirming that while the exact mode of access (copy vs. inspection) can be decided by the Magistrate, the right to examine such evidence for defense is paramount under Section 207.