Supreme Court of India

G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.

Neutral citation
Reported as [2019] 17 S.C.R. 422
Bench A. M. Khanwilkar and Dinesh Maheshwari JJ.
Decided 29 November 2019

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

Where later benches applied it

Of those, 2 referred to

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