Supply of seized digital evidence to the accused is required where it is needed for an effective defence, subject to safeguards.

Section 207 of the Code of Criminal Procedure requires free supply to the accused of the police report and documents forwarded with it, and Section 238 obliges the Magistrate to ensure compliance at the start of trial. Seized hard disks containing source code, when relied on by the prosecution and relevant to the defence, must be made available so the accused can meet the case and prepare a defence. Any concern about misuse may be addressed through safeguards, including recording the contents before supply, obtaining an undertaking against misuse, and providing a cloned copy with protective conditions. The accused was therefore entitled to supply of the seized hard disks subject to safeguards.

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Issues: Whether the accused was entitled, under the Code of Criminal Procedure, 1973, to supply of the seized hard disks containing the source code relied upon by the prosecution.

Analysis: Section 207 of the Code mandates free supply to the accused of the police report and all documents forwarded with it, and Section 238 requires the Magistrate to ensure compliance at the commencement of trial. The seized hard disks formed part of the prosecution material and were relevant to the defence, since the accused needed them to meet the prosecution case and prepare his defence. The apprehension that the accused might misuse the material could be addressed by safeguards, including recording the contents before supply and obtaining an undertaking not to misuse the source code. The Court also accepted the feasibility of supplying a cloned copy with protective conditions so that the prosecution interest was not prejudiced.

Conclusion: The accused was entitled to supply of the seized hard disks, subject to safeguards and an undertaking against misuse.

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