Chapter XVI
Section 208 CrPC: Supply of copies of statements and documents to accused in other cases triable by Court of Session
New Law Update (2024)
Section 231 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;
(2) the statements and confessions, if any, recorded under section 161 or section 164;
(3) any documents produced before the Magistrate on which the prosecution proposes to rely;
Provided that if the Magistrate is satisfied that any such document 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 pleader in Court.
Important Sub-Sections Explained
Proviso to Section 208
This crucial proviso addresses situations where documents are excessively large or numerous. Instead of providing physical copies, the Magistrate can permit the accused or their legal counsel to inspect such voluminous documents directly in Court, thus balancing the right to information with practical considerations.
Landmark Judgements
V.K. Sasikala v. State Represented by Superintendent of Police (2005):
The Supreme Court affirmed the accused’s right to receive copies of documents and statements, emphasizing its fundamental role in ensuring a fair trial. It clarified that while inspection may be permitted for voluminous documents, the accused’s defence preparation must not be prejudiced.
Nitya Ramakrishnan v. State (NCT of Delhi) (2018):
The Supreme Court reiterated the critical importance of providing all relevant documents to the accused for a fair opportunity to defend themselves. The ruling highlighted that non-supply of crucial documents could potentially vitiate the trial and underscored the Magistrate’s duty to ensure strict compliance with the provisions of Sections 207 and 208 CrPC.