Criminal Procedure Code 2010 · 2020 Revised Edition · Part 10 · Pre-Trial Procedures in General Division of High Court
218. Time for service of other statements, etc.
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After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks after the date on which the Case for the Defence is served, serve on the defence copies of —
Case for the Defence
“Case for the Defence” means the document by that name mentioned in section 165;
every other written statement given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; (aa)for every other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges that the prosecution intends to proceed with at the trial, a transcript (if any) of the audiovisual recording of that statement;
each documentary exhibit mentioned in section 214(1)(c) that has not been served on the defence; and
criminal records (if any) of the accused, upon payment of the prescribed fee.
Where the documents mentioned in subsection (1) have been served on the defence, the prosecution must, if requested by the defence, arrange for the defence to view the audiovisual recording of each statement mentioned in subsection (1)(aa) at a police station or at any other prescribed place.
audiovisual recording
“audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;
Despite subsection (1), where any documentary exhibit mentioned in section 214(1)(c) consists of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman —
photograph
“photograph” includes a digital image and a moving visual record.
the prosecution is not required to serve a copy of the documentary exhibit on the defence; but(b)the prosecution must, if requested by the defence, arrange for the defence to view the documentary exhibit at a police station or a prescribed place.
Where the Case for the Defence has not been served on the prosecution, the prosecution —
need not serve on the defence any written statement, exhibit, transcript or record mentioned in subsection (1);
need not arrange for the viewing mentioned in subsection (2) of the audiovisual recording of any statement mentioned in subsection (1)(aa);
need not arrange for the viewing mentioned in subsection (2A)(b) of any documentary exhibit mentioned in subsection (2A); and
may use any such statement, transcript, record, audiovisual recording or documentary exhibit at the trial.
Where the Case for the Defence has been served on the prosecution, the defence must, within 2 weeks after the date on which the Case for the Defence is served, serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 217(1)(c) and is in the possession, custody or power of the accused.
The obligations of the prosecution under subsections (1), (2) and (2A)(b) and the obligation of the defence under subsection (4) are independent of each other.