Code:
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:
(i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section 161 or section 164;
(iii) 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.
Explanation:
Section 208 mandates the Court of Session to provide the accused with copies of all documents, including:
- The charge-sheet
- The police report
- The statements of witnesses recorded by the police
- Any other documents that form part of the case record.
These copies must be supplied to the accused without any delay, enabling them to prepare their defense adequately.
Illustration: CrPC Section 208
Imagine a situation where a person is accused of murder and the case is transferred to the Court of Session. Under Section 208, the Court must provide the accused with copies of the charge-sheet, the police report, statements of witnesses, and any other relevant documents. This allows the accused to understand the allegations against them and prepare a strong defense.
Common Questions and Answers:
Q1. What is the purpose of providing copies to the accused?
To ensure a fair trial and guarantee the accused’s right to a proper defense.
Q2. Can the accused be denied copies under any circumstances?
No, the Court cannot refuse to provide copies to the accused unless there are specific reasons related to national security or public order.
Q3. What happens if the Court fails to provide copies within a reasonable time?
The accused can challenge the delay through legal means, as it can potentially impact their right to a fair trial.
