Supreme Court of India · 2019-11-29
P. GOPALKRISHNAN @ DILEEP vs THE STATE OF KERALA
- Citation / case number
- SC 2018/43536
- Court
- Supreme Court of India
- Petitioner
- P. GOPALKRISHNAN @ DILEEP
- Respondent
- THE STATE OF KERALA
- Author
- HON'BLE MR. JUSTICE A.M. KHANWILKAR
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment text excerpt
The Supreme Court addressed whether the contents of a memory card qualify as a 'document' under Section 3 of the Indian Evidence Act, 1872, and whether the accused is entitled to a cloned copy of such electronic record under Section 207 of the Code of Criminal Procedure, 1973. The Court held that while the accused has a right to access evidence, this right is subject to the protection of the victim's privacy and dignity. The Court ultimately ruled that the request for a cloned copy could be denied if it risks infringing on the victim's rights, thereby balancing the rights of the accused with the victim's privacy concerns.