Section 208 of CrPC : Section 208: Supply of copies of statements and documents to accused in other cases triable by Court of Session.

Explanation using Example

Example 1:

Scenario: Ramesh is accused of committing a serious fraud that is not reported by the police but by a private individual. The case is brought before a Magistrate.

Application of Section 208:

1. Issuance of Process: The Magistrate, after reviewing the complaint and evidence, decides to issue a process under Section 204, as the offence appears to be triable exclusively by the Court of Session.
2. Provision of Documents: The Magistrate must provide Ramesh with the following documents free of cost:
   • Statements Recorded: Copies of statements recorded under Section 200 or Section 202 of all persons examined by the Magistrate.
   • Statements and Confessions: Copies of any statements and confessions recorded under Section 161 or Section 164.
   • Documents Produced: Copies of any documents produced before the Magistrate on which the prosecution intends to rely.
3. Voluminous Documents: If any document is too lengthy or voluminous, the Magistrate may allow Ramesh or his lawyer to inspect the document in court instead of providing a copy.

Example 2:

Scenario: Sita is accused of a serious assault case that was reported directly by the victim and not through a police report. The case is presented before a Magistrate.

Application of Section 208:

1. Issuance of Process: The Magistrate, after examining the complaint and evidence, issues a process under Section 204, as the offence is triable exclusively by the Court of Session.
2. Provision of Documents: The Magistrate must provide Sita with the following documents free of cost:
   • Statements Recorded: Copies of statements recorded under Section 200 or Section 202 of all persons examined by the Magistrate, including the victim and any witnesses.
   • Statements and Confessions: Copies of any statements and confessions recorded under Section 161 or Section 164, such as any confessions made by Sita or statements by other involved parties.
   • Documents Produced: Copies of any documents produced before the Magistrate on which the prosecution plans to rely, such as medical reports or photographs of injuries.
3. Voluminous Documents: If any document is too extensive, the Magistrate may direct that Sita or her lawyer can inspect the document in court rather than providing a physical copy.

Example 3:

Scenario: Mohan is accused of embezzlement in a company, and the case is initiated by the company's internal audit team, not through a police report. The case is brought before a Magistrate.

Application of Section 208:

1. Issuance of Process: The Magistrate, after reviewing the complaint and evidence, issues a process under Section 204, as the offence is triable exclusively by the Court of Session.
2. Provision of Documents: The Magistrate must provide Mohan with the following documents free of cost:
   • Statements Recorded: Copies of statements recorded under Section 200 or Section 202 of all persons examined by the Magistrate, including the auditors and company officials.
   • Statements and Confessions: Copies of any statements and confessions recorded under Section 161 or Section 164, such as any admissions by Mohan or statements by other employees.
   • Documents Produced: Copies of any documents produced before the Magistrate on which the prosecution intends to rely, such as financial records and audit reports.
3. Voluminous Documents: If any document is too lengthy, the Magistrate may allow Mohan or his lawyer to inspect the document in court instead of providing a copy.