Accused Has Right To Receive Materials In Possession Of Prosecution Even If Draft Criminal Rules Have Not Been Adopted : Supreme Court; Justice Trivedi Dissents
The Supreme Court (2:1) held that an accused has the right to receive the list of the statements, documents, material, etc. in the possession of the prosecution even if Draft Rules of Criminal Practice are not yet adopted.
this right is available only after the Draft Rules are brought into force.
they relied on the observations made in Manoj vs State of Madhya Pradesh | 2022 LiveLaw (SC) 510 and Rule 4 of Draft Rule of Criminal Practice
Disagreeing with this view, the majority comprising of CJI Lalit and Justice Bhat observed: "That some High Courts or governments of the States/ Union Territories have failed to comply with this court's order and are delayed in adopting the Draft Rules or amending the concerned police/practice manuals, cannot prejudice the right of an accused (to ...
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