The Supreme Court has held that an accused’s statutory right to receive copies of documents forming part of the chargesheet under Section 207 of the Code of Criminal Procedure, 1973 ( Section 230 BNSS) cannot be denied merely because the Official Secrets Act, 1923 has been cited against him.
A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar was hearing appeals filed by V.K. Singh, a retired Major General of the Indian Army and former Joint Secretary in the Cabinet Secretariat (R&AW), against a Delhi High Court order in a case arising out of his 2007 book on the Research and Analysis Wing. The prosecution had alleged that the book disclosed classified information, including officials’ names, station codes and technical details, in violation of Sections 3/5 of the OSA and Sections [409/120B IPC]/ [316(5)/61(2) BNS]
During trial, the appellant sought certain chargesheet documents under Section 207 CrPC/ S. 230 BNSS. While the Trial Court had directed supply of these documents subject to conditions, the High Court modified this to permit only inspection, not physical copies, prompting the present appeals.
Allowing the appeals, the Court noted that the documents in question formed part of the chargesheet and were being relied upon by the prosecution, and therefore fell squarely within the scope of Section 207/ Section 230. Referring to Superintendent and Remembrancer of Legal Affairs, West Bengal v. Satyen Bhowmick (1981), the Bench reiterated that denying an accused access to statements or documents used against him would cripple his ability to instruct counsel and cross-examine witnesses effectively, undermining the right to a fair trial.
The Court also examined CBI v. V.K. Jha (2017), where a similar tension between national security and an accused’s right to documents had been resolved by permitting redacted inspection. While acknowledging that competing interests of sovereignty, security and fair trial must be balanced, the Bench held that the OSA does not, by itself, override the accused’s right to documents forming part of the chargesheet.
On the Additional Solicitor General’s proposal, the Court directed that typed copies of the disputed documents be supplied to the appellant within two months, strictly for use in the trial, with an undertaking that they would not be circulated through print, electronic, or social media. Inspection during court proceedings was also permitted.
Accordingly, the Delhi High Court’s order was set aside, and the Trial Court’s order was restored in modified form, with the appeals disposed of on these terms.
Case Title: V.K. Singh v. Central Bureau of Investigation & Anr. 2026 INSC 614