1. Accused's application under Section 207 CrPC for copies of CCTV footage rejected by trial court. (Para 3 , 4 , 8 , 9 )
Back
Next 
2026 Supreme(Raj) 773
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Amar Singh S/o Shriram Meena - Appellant
Versus
State of Rajasthan, through PP - Respondent
S.B. Criminal Miscellaneous (Petition) No. 5380 Of 2024
Decided On : 18-09-2026
Important Points
Under Section 207 Cr.P.C. and Article 21 of the Constitution, the prosecution must supply the accused with all material evidence, including electronic records like DVD/pen drives via cloned copies, to ensure a fair trial and an effective defense.
Subject
Criminal Law - Criminal Procedure
Act Referred
CRIMINAL PROCEDURE CODE : S.207, S.482
INDIAN PENAL CODE : S.147, S.148, S.149, S.308, S.323, S.336, S.341, S.365, S.506
INDIAN PENAL CODE : S.147, S.148, S.149, S.308, S.323, S.336, S.341, S.365, S.506
Headnote
(A) Code of Criminal Procedure, 1973 - Section 207 - Constitution of India - Article 21 - Supply of documents to accused - Electronic records in the form of DVD and pen drive containing CCTV footage - Mandatory duty of the prosecution to furnish all material evidence relied upon for a fair trial - Electronic records to be regarded as documents - Failure to provide cloned copies impairs the right to an effective defense (Paras 10, 12, 16 and 18).
(B) Right to a fair trial - Facet of the right to life and personal liberty - Obligation on the prosecution to make fair disclosure of all documents, including those relevant to the truth, to avoid prejudicing the defense (Paras 15 and 19).
Facts of the case:
An accused was charged with multiple offenses under the IPC. The investigating agency submitted CCTV footage in the form of a DVD and pen drive along with the charge-sheet. These electronic records were not supplied to the accused. An application for the supply of these documents under Section 207 Cr.P.C. was rejected by the lower court on the grounds that no such request was made at the time the charge-sheet was first supplied.
Findings of Court:
The trial court and prosecution are bound to supply cloned copies of electronic evidence submitted with the charge-sheet to the accused to facilitate a fair trial. The grounds for rejection used by the lower court are not sustainable in law.
Issues: Whether the prosecution is mandated under Section 207 Cr.P.C. to supply electronic records such as DVD and pen drives to the accused and whether the absence of an initial request is a valid ground for refusing such supply.
Ratio Decidendi: Section 207 Cr.P.C. explicitly mandates the prosecution to supply all material evidence upon which it relies. Electronic records are categorized as documents under this section. Providing such evidence is essential to the right to a fair trial guaranteed under Article 21 of the Constitution. To ensure an effective defense, the accused must be provided with cloned copies of such electronic media, though courts may allow only inspection in cases involving the privacy of complainants or victims.
Result: Petition allowed. Order quashed. Trial Court directed to supply cloned copies of the DVD and pen drive.
(B) Right to a fair trial - Facet of the right to life and personal liberty - Obligation on the prosecution to make fair disclosure of all documents, including those relevant to the truth, to avoid prejudicing the defense (Paras 15 and 19).
Facts of the case:
An accused was charged with multiple offenses under the IPC. The investigating agency submitted CCTV footage in the form of a DVD and pen drive along with the charge-sheet. These electronic records were not supplied to the accused. An application for the supply of these documents under Section 207 Cr.P.C. was rejected by the lower court on the grounds that no such request was made at the time the charge-sheet was first supplied.
Findings of Court:
The trial court and prosecution are bound to supply cloned copies of electronic evidence submitted with the charge-sheet to the accused to facilitate a fair trial. The grounds for rejection used by the lower court are not sustainable in law.
Issues: Whether the prosecution is mandated under Section 207 Cr.P.C. to supply electronic records such as DVD and pen drives to the accused and whether the absence of an initial request is a valid ground for refusing such supply.
Ratio Decidendi: Section 207 Cr.P.C. explicitly mandates the prosecution to supply all material evidence upon which it relies. Electronic records are categorized as documents under this section. Providing such evidence is essential to the right to a fair trial guaranteed under Article 21 of the Constitution. To ensure an effective defense, the accused must be provided with cloned copies of such electronic media, though courts may allow only inspection in cases involving the privacy of complainants or victims.
Result: Petition allowed. Order quashed. Trial Court directed to supply cloned copies of the DVD and pen drive.
Legal Category Hierarchy
- crime and sentencing
-
practice and procedure
-
criminal procedure
- charge-sheet
- pre-trial procedure
- fair trial
- constitutional law
- evidence
-
criminal procedure
Advocates:
Advocate Appeared:
For the Petitioners: Mr.Rahul Sharma with Mr.Utkarsh Goyal, Ms.Chanchal & Mr.Yash Gupta
For the Respondents: Mr.Manvendra Singh Shekhawat, PP
Advocate Appeared:
For the Petitioners: Mr.Rahul Sharma with Mr.Utkarsh Goyal, Ms.Chanchal & Mr.Yash Gupta
For the Respondents: Mr.Manvendra Singh Shekhawat, PP
Table of Contents
2. Petitioner argued mandatory supply of electronic evidence under Section 207 CrPC for fair trial; state opposed. (Para 4 , 5 , 6 )
3. Prosecution must supply all relied-upon documents including electronic records under Section 207 for fair trial. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 )
4. Accused entitled to cloned copy of electronic evidence under Section 207 CrPC to ensure fair trial under Article 21. (Para 16 , 17 , 18 , 19 )
5. Petition allowed; impugned order quashed; trial court directed to supply cloned copy of DVD and pen drive. (Para 20 , 21 )
6. What is the obligation of the prosecution under Section 207 CrPC regarding documents?
Prosecution must supply to accused, free of cost, all documents relied upon including electronic records, without delay. (Para 12 , 14 , 16 )
7. Does the right under Section 207 CrPC extend to electronic evidence like CCTV footage?
Yes, electronic records including CCTV footage in DVD/pen drive are documents under Section 207 and must be furnished as cloned copies. (Para 8 , 10 , 16 , 18 )
8. What is the constitutional basis for the right to receive documents under Section 207 CrPC?
Right to fair trial under Article 21 includes furnishing all material evidence; Section 207 is a facet of this constitutional right. (Para 15 , 16 , 19 )
9. How should voluminous or privacy-sensitive electronic evidence be handled under Section 207 CrPC?
For voluminous documents, inspection may be allowed. For privacy-sensitive material, court may limit to inspection only to balance interests. (Para 12 , 18 )
Order :
ANOOP KUMAR DHAND, J.
1. The instant criminal misc. petition is listed before this Court in pursuance of the directions issued by the Hon'ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon'ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time.
2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates.
3. The instant criminal misc. petition has been preferred by the accused-petitioner against the impugned order dated 31.07.2023, passed by the Additional Sessions Judge No.1, Hindaun City in Criminal Misc. Case No.37/2023, by which the application submitted by the accused-petitioner under section 207 Cr.P.C. for supplying a copy of DVD and pen drive containing the CCTV recording has been rejected.
4. Learned counsel for the petitioner submits that charge-sheet for the offence under sections 147, 148, 149, 323, 341, 336, 365, 308, & 506 IPC was submitted against the accused-petitioner a DVD and pen drive of the CCTV footage. Counsel submits that once above two electronic evidence are parts of the charge-sheet, the same are supposed to be supplied to the accused-petitioner to ensure a fair trial against him. When the above electronic evidence was not supplied to the accused-petitioner, an application under section 207 Cr.P.C. was submitted, which has been erroneously rejected by the Court below vide impugned order on the ground that no such request was made by the accused-petitioner, when copy of the charge-sheet was supplied to him. Counsel further submits that this cannot be a ground for rejection of the application submitted by the accused-petitioner.
5. In support of his contention, counsel for the petitioner has placed reliance upon the judgment passed by the Hon'ble Apex Court in the Case of P. Gopalkrishnan Vs. State of Kerala & Anr. reported in (2020) 9 SCC 161.
6. Per contra, learned Public Prosecutor opposed the prayer raised by counsel for the accused-petitioner.
7. Heard and considered the submissions made at the Bar and perused the material available on the record.
8. Perusal of the record indicates that charge-sheet for the above stated offences was submitted against the accused-petitioner before the concerned Court. It appears that the entire incident has been captured and recorded in a CCTV Footage and the same were collected by the Investigating Officer during the course of trial in a DVD and pen drive, which were submitted along-with the charge-sheet.
9. It appears that when the copy of the charge-sheet was supplied to the accused-petitioner, these two electronic documents, i.e., DVD and pen drive containing CCTV footage were not supplied to him.
10. As per the mandate contained under Section 207 Cr.P.C., the prosecution is supposed to supply each and every document/ evidence to the accused-petitioner for conducting fair trial. It appears that the prosecution is going to rely upon the aforesaid electronic evidence against the accused-petitioner, hence, the prosecution as well as the Trial Court is supposed to supply a copy of these electronic evidence to the accused-petitioner for the purpose of conducting fair trial.
11. Until and unless this material evidence in the form of electronic evidence is supplied to the petitioner, he would not be in a position to put his defence in a proper way.
12. For ready reference, the provision contained under Section 207 Cr.P.C. is reproduced as under:-
"207. Supply to the accused of copy of police report and
