Evidence Act, 1872: ss.3 and 65B – Document – Whether the contents of a memory card/pen drive being electronic record as predicated in s.2(1)(t) of Information Technology Act would qualify as a document within the meaning of s.3 of Evidence Act and s.29 of IPC – Held:The basis for classifying an article as a ‘document’ depends upon information which is inscribed and not on where it is inscribed – Definition of ‘evidence’ as envisaged u/s.3, clearly takes within its fold documentary evidence to mean and include all documentary evidence to mean and include all documents including electronic records produced for the inspection of the Court – The provisions in s.65B of Evidence Act, s.95(2)(b) of Cr.P.C., s.29 of IPC, and definition of document in General Clauses Act, reinforce that electronic records ought to be treated as ‘document’.

Code of Criminal Procedure, 1973: s.207 – Furnishing of documents to the accused – Held: Furnishing of documents to the accused is a facet of right to the accused to a fair trial enshrined in Art.21 of the Constitution – Section 207 does not empower the Magistrate to withhold any ‘document’ submitted by the Investigating Officer except when it is voluminous – If the document/record is electronic, the ground for non-furnishing the document it being voluminous can not be invoked – Therefore, all documents including ‘electronic record’ produced for the inspection of the Court alongwith the police report and which prosecution proposes to use against the accused, must be furnished to the accused as per the mandate of s.207 – The contents of the memory card/pen-drive must be furnished to the accused in the form of cloned copy.

Constitution of India: Art.21 – Right to fair trial of accused and right to privacy of victim – In offence of rape – Competing rights – Balancing of – Held: Though the accused is entitled to have copies of the statements and documents accompanying the police report, which the prosecution may use against the accused – Nevertheless, the Court cannot be oblivious to the nature of offence and the principles underlying the amendment to s.327(2) of Cr.P.C. and 228A of IPC, for securing the privacy and identity of the victim – Balancing of rights of both the parties is imperative – In such cases, the Court may be justified in providing only inspection of the documents to the accused and his lawyer or expert for presenting effective defence during the trial – Code of Criminal Procedure, 1973 – s.327(2) – Penal Code, 1860 – s.228A.

Interpretation of Statutes: Ongoing statute – Interpretation of - Held: Code of Criminal Procedure, being an ongoing statute, it is presumed that the legislature intended the Courts to apply a construction that continuously updates its wordings to allow for changes and compatibility with the contemporary situation. Words and Phrases: “data” and “electronic record” – Meaning of, in the context of Information Technology Act, 2000. “document” - Meaning of in the context of Evidence Act.