Response

Yes, if you have your name in the chargesheet as an accused then you are entitled to receive a copy of the same. You are also entitled to recieve other relevant documents like witness statements and other annexures. You do not have to pay any charges for this purpose and the copy has to given immediately after filling of the charge sheet this right has been provided under section 207 of the Code of Criminal Procedure,1973. If you apply on urgent basis then you shall receive the copy within 3 days and you will have to pay for per page.

Yes, your lawyer mentioned in the vakalatnama can obtain the copy of the chargesheet as well as copy of other documents on your behalf from the court. If you have received the summons from the court then the trial shall not begin without duly supplying these copies of documents to you.

There is no bar on you or your lawyer to get the copy of the chargesheet where you are listed as an accused. You or your lawyer can directly approach the Ahlmad i.e. the one who maintains all the court record, you wil need to fill a form for applying for certified copy of the Chargesheet, pay the requisite fee and accordingly the same would be provided to you by the Ahlmad.

Reference: Section 207 in The Code Of Criminal Procedure, 1973
207. Supply to the accused of copy of police report and other documents. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-
(i) the police report;
(ii) the first information report recorded under section 154;
(iii) the statements recorded under sub- section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub- section (6) of section 173;
(iv) the confessions and statements, if any, recorded under section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub- section (5) of section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

202100297-20210021-1663

LAWAYZ-2023-346