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november 2019

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.

P. GOPALKRISHNAN @ DILEEP vs THE STATE OF KERALA · Niyam