If the charge sheet has already been filed by police after completing the investigation and if you are named as an accused in such charge sheet, then you have a right to get copies of the charge sheet, statements of witnesses and other documents. This right is provided under Section 207 of the Cr.P.C., which is reproduced below:
“207. Supply to the accused of copy of police report and other documents.— In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—
(i) the police report;
(ii) the first information report recorded under Section 154;
(iii) the statements recorded under sub-section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Section 173;
(iv) the confessions and statements, if any, recorded under Section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of Section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.”
Usually, these copies are provided to the accused by the police after filing of the charge sheet. In this regard, Section 173(7) of Cr.P.C. is also relevant which provides that:
“(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).”
However, if the investigation is yet to be completed and the charge sheet is yet to be filed, then you may not have a right to obtain copies of statements of witnesses and other documents, but you may still be able to obtain a copy of the FIR as was mentioned in my article: Does an accused have a right to get copy of the FIR registered by police?
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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