Ensure That All Inculpatory & Exculpatory Material Collected In Probe Is Given To Accused Before Trial Begins: Madhya Pradesh HC To State

While referring to the decision of Supreme Court in In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials, the high court also directed the State to ensure strict compliance of Rule 117-A of Madhya Pradesh Rules and Orders (Criminal) by supplying all the material inculpatory as well as exculpatory, collected during the course of investigation to the accused before commencement of his trial.

The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “…we hereby dispose of the petition directing the Government of M.P. to ensure that the case diary as well as the charge sheet filed under Section 193 BNSS contains all the evidence/statement/material inculpatory as well as exculpatory in nature. Further we direct the respondents to ensure compliance of Rule 117-A of this Court in toto, by way of supplying (under section 230 and 231 of the BNSS), all the material inculpatory as well as exculpatory, collected during the course of investigation to the accused before commencement of his trial in terms of Rule 117-A.”

The Public Interest Litigation was filed seeking direction to respondents to issue a proper departmental order/GOP to ensure that the case diary as well as the charge sheet filed under Section 193 BNSS contains all the evidence/statement/material inculpatory as well as exculpatory in nature.

In the plea, the counsel referred to Section 2(l) of BNSS which defines the term 'investigation' which neither contemplates any discrimination between inculpatory and exculpatory evidence/material/document nor does it contemplate any discretion available to the investigating agency to be choose between them.

The plea said that during the investigation the police collects evidence in the form of statements, seizure of documents and materials but it is seen that only the evidence which are incriminating in nature are made part of the case diary/charge sheet and all other evidence which are exonerating or extenuating in nature are deliberately not included in the compilation of evidence produced along with the case-diary/charge sheet.

The counsel referred to the verdict of the Apex Court in In Re Criminal Trials Guidelines Inadequacies And Deficiencies Versus State Of Andhra Pradesh And Others (2021) 10 SCC 598, wherein it was held, “While furnishing the list of statements, documents and material objects under Sections 207/208 CrPC, the Magistrate should also ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) should be furnished to the accused. This is to ensure that in case the accused is of the view that such materials are necessary to be produced for a proper and just trial, she or he may seek appropriate orders, under CrPC for their production during the trial, in the interests of justice.”

Pursuant to the direction of the Supreme court, the High court in exercise of powers under Article 227 of the Constitution of India, read with Section 477 (Power of High Court to make rules) of the Criminal Procedure Code, 1973, notified the amendments in the Madhya Pradesh Rules and Orders (Criminal).

In the amended rules, Rule 117-A was inserted which states that every Accused shall be supplied with statements of witness recorded under Sections 161 and 164 Cr.P.C., 1973 and a list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O) in accordance with Sections 207 (Supply to the accused of copy of police report and other documents) and 208 (Supply of copies of statements and documents to accused in other cases triable by Court of Session), Cr.P.C. The Explanation for the said rule states the evidence shall include even those materials not relied upon by the Investigating Officer.

The petition alleged that despite the incorporation of aforesaid rule in the Madhya Pradesh Rules and Orders (Criminal), the same is not being given effect to. The police has been filing charge sheet in the same manner as it was doing prior to the directions of the Supreme court and consequent amendment by the High Court.

Thus, the plea sought direction to the respondents to ensure compliance of Rule 117A in toto, by way of supplying all the material inculpatory as well as exculpatory, collected during the course of investigation to the accused before commencement of his trial.

Disposing of the plea the court also directed the Director General of Police, Madhya Pradesh to issue necessary orders/instructions to field officers within a week ensuring compliance of Rule 117-A and directions contained in this order.

Case Title: Amitabh Gupta Versus The State Of Madhya Pradesh And Others, Writ Petition No. 7332 Of 2025

Citation: 2025 LiveLaw (MP) 48