Accused Entitled to List of Documents “Not Relied Upon” by the Prosecution

In Akhil Sabu v. State of Kerala [2024: KER: 49597], the High Court of Kerala observed that Rule 19(4) of the Kerala Criminal Rules of Practice, 1982, mandates that every accused must be supplied with the statements of witnesses recorded and a list of documents, as specified under Sections 173, 207, and 208 of the Code of Criminal Procedure (now Sections 193, 230, and 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Scope of Disclosure

In addition to the relied-upon evidence, every accused must be provided with:

1. A list of Material Objects which the Investigating Officer (IO) relies upon.
2. A specific list of statements, documents, and material objects that were collected during the investigation but are not relied upon by the Prosecution.

Compliance with Rule 19(4) of the Rules of Practice

The plain meaning of Rule 19(4) of the Rules of Practice is to ensure transparency. The Prosecution complies with this mandate only when it files a comprehensive list before the commencement of the trial, clearly demarcating:

• The statements and documents forming part of the Final Report that the Prosecution intends to rely on.
• The statements, documents, and material objects that the IO has opted not to rely upon.

Once such a list is provided and the corresponding documents are specified, the mandate of Rule 19(4) is deemed to be satisfied.

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