Pen drive or memory card is a document- case law

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Memory card is a Document and Pen drive is a document 

Gopalkrishnan @ Dileep v. State of Kerala, Crl.A. No. 1794 of 2019 SC November 29, 2019

Held:- The contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial. However, in cases involving issues such as of privacy of the complainant/witness or his/her identity, the Court may be justified in providing only inspection thereof to the accused and his/her lawyer or expert for presenting effective defence during the trial. The court may issue suitable directions to balance the interests of both sides. [Para 44]

The Indian Evidence Act, 1872 – Section 3 – The Indian Penal Code, 1860 – Section 29 – The Information and Technology Act, 2000 – Section 2(1)(t) – Whether the contents of a memory card / pen drive being electronic record as predicated in the 2000 Act would, thereby qualify as a “document” ? 
The Code of Criminal Procedure, 1973 – Section 207 – If so, whether it is obligatory to furnish a cloned copy of the contents of such memory card / pen drive to the accused facing prosecution for an alleged offence of rape and related offences since the same is appended to the police report submitted to the Magistrate and the prosecution proposes to rely upon it against the accused ? 
The Information and Technology Act, 2000 – The Indian Penal Code, 1860 – Whether it is open to the Court to decline the request of the accused to furnish a cloned copy of the contents of the subject memory card / Pendrive in the form of video footage / clipping concerning the alleged incident / occurrence of rape on the ground that it would impinge upon the privacy, dignity, and identity of the victim involved in the stated offence(s) and more so because of the possibility of misuse of such cloned copy by the accused (which may attract other independent offences under the 2000 Act and the 1860 Code) ?
The Indian Penal Code, 1860 – Sections 342, 366, 376, 506(1), 120B and 34 – The Information and Technology Act, 2000 – Sections 66E and 67A.

Gopalkrishnan @ Dileep v. State of Kerala, Crl.A. No. 1794 of 2019 SC November 29, 2019

Comments

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