In Central Bureau of Investigation v. Anil Dixit, a bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran held that an accused may access 'unrelied' documents (material collected during investigation but not relied on by the prosecution) where needed to prepare a defence. The timing and manner depend on the nature of the documents. The CBI was told to allow inspection of the voluminous material so the accused could identify what they need produced at the right stage of trial.
A fair trial includes a fair chance to see the evidence. If you are facing trial, your advocate can ask the court for inspection of material seized during the investigation that may help your defence.
After investigation, the police or an agency like the CBI files a police report (chargesheet) under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) [old Section 173 CrPC], along with the documents and statements it relies on. Section 230 BNSS [old Section 207 CrPC] requires the Magistrate to supply copies of these to the accused. Material collected but not relied on is often called 'unrelied' material. The Supreme Court has repeatedly linked fair disclosure to the right to a fair trial under Article 21 of the Constitution.
In practice, the defence first receives the relied documents. If the accused believes other seized material may help, the advocate can ask the court to direct inspection or production, for example through an application under Section 94 BNSS [old Section 91 CrPC] at the appropriate stage. Courts weigh relevance, volume, privacy and the stage of the trial when deciding how and when access should be given.
They are documents, statements or objects that the investigating agency collected during investigation but chose not to rely on in its chargesheet. Such material may still contain information useful to the accused. The Supreme Court has now said an accused may access such material where it is needed to prepare a defence, depending on its nature.
There is no single fixed moment. The Court said the timing and manner depend on the nature of the documents. Commonly, inspection may be sought after the chargesheet is supplied and production may be sought at the defence stage. Your advocate can advise on the right point in your own trial.
Not automatically. The court still decides what access is appropriate, considering relevance, volume, the privacy of others and the stage of trial. The ruling recognises a right to fair access to material needed for the defence, which is applied case by case by the trial court.
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