Dear Sir,
Courts cannot deny copies of documents in criminal cases not only to the accused to enable them to defend themselves effectively but also to the complainants since they happen to be victims of the crime, the Madras High Court Bench here has said.
“As per Article 22(1) of the Constitution and Section 303 Code of Criminal Procedure, an accused is entitled to have documents to put effective defence. But, the de facto complainant is not going to defend. Actually, he will prosecute the accused whether it is a police case or a private case.
Please refer the following laws of land:
CHAPTER 17
Ch. 17]
Preparation and Supply of Copies
Notification
Rules made by the High Court under the power conferred by Article 227 of the Constitution of India
with the previous approval of the State Government, for regulating the preparation and supply of copies
of records of Civil and Criminal Courts by the copying agencies under the control of the District and
Sessions Judges and the Judge, Small Cause Court, Amritsar.
Rules
1. Short Title—These rules may be called the Punjab Civil and Criminal Courts Preparation and
Supply of Copies of Records Rules, 1965.
2. Definitions—In these rules, unless the context otherwise requires—
(a) “copy” means a certified copy of any record prepared in accordance with these rules;
(b) “form” means a form appended to these rules;
(c) “record” means and includes any portion of a record and any document, map, plan or other paper
attached to, or forming part, of the record of any suit, appeal, inquiry, trial or other proceeding in any
Civil or Criminal Court.
3. Persons entitle to obtain copies—A copy of a record shall be granted in the manner prescribed
by these rules to any person who, under the law for the time being in force, or under these rules, is entitled
to get it. In particular, copies may be granted as follows :—
(1) Any party to a civil or criminal case is entitled at any stage of the suit or complaint to obtain
copies of the record of the case including documents exhibited and finally accepted by the Court as
evidence :—
Explanation—(i) “Complaints” include challans.
(ii) A party to a suit or complaint who has been ordered to file a written statement is not entitled to a
copy of the written statement of his opponent until he has first filed his own.
(2) A stranger to a civil or criminal case may, after decree or judgment, obtain copies of the plaint or
complaint, written statement, affidavits and petitions filed in the case, as also of the evidence recorded by
the Court, and may, for sufficient reasons shown to the satisfaction of the Court, obtain copies of any
documents before the final order is passed. He may also obtain copies of any judgment, decree or order, at
any time after the same has been passed or made, but he shall not be granted copies of exhibits put in as
evidence except with the consent of the person by whom they were produced or under the orders of the
Court.
(3) Official letters shall be treated as privileged documents and copies thereof shall not be ordinarily
granted. Should it be necessary to grant a copy of a letter, or of an extract of a letter, received by a
subordinate form a superior officer reference shall, in every case, be made to the superior officer for
permission to grant copy thereof.
4. Supply of copies free of charge to persons accused or convicted and to public Officers—
Copies shall be supplied free of charge in the following cases:—
(1) If a person convicted in a summons case is in Jail and requires a copy for purposes of appeal or
revision he or his agent shall be allowed a copy of the judgment free of charge.
(2) Copies of judgment and other documents required to be supplied to the accused under Section
371 (see Section 363 of the new Code) of the Code of Criminal Procedure, 1898, shall be prepared by the
Court Stenographer and supplied free of charge to the accused, after having been duly attested by the
Reader of the Court, in accordance with the provisions of the said Section. In Courts having no
Stenographers, such copies shall be prepared and duly attested by the Copyists and supplied free of
charge.
(3) Copies of judgements or orders, or English translations of vernacular judgements or orders,
convicting, acquitting or discharging Government servants, including a person subject to military law or a
civilian in military employ, of criminal offences, shall be supplied free of charge of the Heads of
Departments of Offices concerned.
(4) Copies required for official purposes by Public Officers in Punjab shall be supplied free of cost if
the application for the supply of copy is endorsed by the Head of the Department concerned.
5. Procedure for submission of application for copy—An application for a copy of any record,
including requisition for a free copy may be made personally, or through an agent, or may be sent by post.
Note—The authority of the agent need not be a formal power of attorney.
6. Officers authorised to receive applications—(1) An application for a copy of any record of
District and Sessions Judges‟ Court shall be received by the Superintendent of that Court.
(2) An application for a copy of any record of Court of Small Causes, Amritsar, shall be received by
the Clerk of the Court, provided that the record, a copy whereof is applied for, is in the possession of the
Court.
7. Copy to be supplied with permission of officers concerned—An application for a copy of a
record of the High Court, or of a District and Sessions Court, or of an Office or Court of Commissioner or
of the Financial Commissioner made to a lower Court, or office, in which the record may be lying at the
time of the application, shall be complied with only with the permission of the Court or officer concerned.
Note—In no case shall a record be sent from the headquarters of a districts, to a sub-division or
tahsil, or a muffasil Court, for being copied.
8. Procedure where record is before High Court—Whenever an application is made for a copy of
record in case in which the record is before the High Court, the application shall be forwarded to the High
Court for disposal. If the application be made under Section 548 (see Section 363 of the New Code) of the
Code of Criminal Procedure, 1898, by a prisoner in Jail and is submitted with the grounds of appeal or for
revision, the memorandum of appeal for the petition for revision, as the case may be, shall also be
forwarded along with the application.