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ARTICLE · 31 JULY 2023

Fair Disclosure: Supplying Relied Upon & Un-relied Upon Documents In Criminal Cases

This article presents an in-depth examination of the critical role played by fair disclosure of documents in the criminal justice system.

IndiaCriminal Law

This article presents an in-depth examination of the critical role played by fair disclosure of documents in the criminal justice system. It explores the provisions of Sections 207 and 208 of the Code of Criminal Procedure, 1973 (CrPC), which are fundamental to ensuring accused individuals receive copies of relevant documents, irrespective of their use by the prosecution. By analyzing landmark judgments of the Supreme Court of India, this study emphasizes the significance of fair disclosure in upholding the principles of natural justice and promoting procedural fairness. Additionally, recent developments, including the Supreme Court's Draft Criminal Rules on Practice and ongoing debates, are discussed, shedding light on the progressive strides towards a just and transparent criminal justice system. The article concludes with the notion that continued efforts to ensure fair disclosure will maintain the integrity of justice and protect the rights of the accused,

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