Supreme Court of India
G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the contents of the memory card/ pen drive being electronic record must be regarded as a document . If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an e ffective defence during the trial.
Judgment, page 51
From the headnote
Evidence Act, 1872: ss.3 and 65B – Document – Whether the contents of a memory card/pen drive being electronic record as pr edicated in s.2(1)(t) of Information Technology Act would quali fy 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 do cuments including electronic
Authorities it was built on
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 2010 Sidhartha Vashisht @ Manu Sharma v. State (nct of Delhi)
- 1975 Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra & Ors.
- 2014 Anvar P.V. v. P.K. Basheer and Ors.
- 2012 V.K. Sasikala v. State Rep. by Superintendent of Police
- 1992 Nelson Motis v. Union of India and Anr.
- 2003 The State of Maharashtra v. Dr. Praful B. Desai and Anr.
- 1957 W.O. Holdsworth and Others v. The State of Uttar Pradesh
- 2010 Tukaram S. Dighole v. Manikrao Shivaji Kokate
- 2018 Mazdoor Kisan Shakti Sangathan v. The Union of India & Anr.
- 1981 Superintendent & Remembrancer of Legal Affairs, West Bengal v. Satyen Bhowmick and Ors.
- 2015 Shamsher Singh Verma v. State of Haryana
- 2017 Tarun Tyagi v. Central Bureau of Investigation
Where later benches applied it
Of those, 2 referred to
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