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).
A List of Documents Not Relied Upon to be Served
In addition to the relied-upon evidence, every accused must be provided with:
- A list of Material Objects which the Investigating Officer (IO) relies upon.
- A specific list of statements, documents, and material objects that were collected during the investigation but are not relied upon by the Prosecution.
Rule 19(4) Ensures Fair Disclosure
The purpose of Rule 19(4) of the Kerala Criminal Rules of Practice is to ensure transparency. The Rule mandates that the Prosecution should file a comprehensive list before the commencement of the trial, clearly demarcating:
- The statements and documents forming part of the Final Report and the Material Objects that the Prosecution intend to rely on, and
- The statements, documents, and material objects that the IO has opted not to rely upon.
Compliance of the Rule 19 (4) of the Rules of Practice
The High Court further clarified that the mandate of Rule 19(4) of the Rules, 1982, is deemed to be complied with once the prosecution—prior to the commencement of the trial—files a comprehensive list specifying the witness statements, documents, and material objects it intends to rely upon, while simultaneously identifying those statements, documents, and material objects that are not being relied upon.
Model Application for Supply of Un-relied Items
Before the Hon. Court of the ____________, Thiruvananthapuram
CMP. NO. ______ of 2026
In CC. / SC. NO. ______ of 2026
Petitioner/Accused: [Name] v. Respondent/Prosecution [State of Kerala]
APPLICATION FILED UNDER RULE 19(4) OF THE KERALA CRIMINAL RULES OF PRACTICE, 1982
The Petitioner/Accused most humbly submits:
- The Petitioner is the accused in the above-numbered case, currently posted for the supply of documents under Section 230 of the BNSS.
- It is submitted that Rule 19(4) of the Kerala Criminal Rules of Practice mandates that the prosecution must supply a list of all statements, documents, and material objects collected during the investigation that are not relied upon by the Investigating Officer.
- The Petitioner relies on the judgment of the Hon’ble High Court of Kerala in Akhil Sabu v. State of Kerala [2024: KER: 49597], which holds this requirement to be mandatory to ensure a fair trial and to prevent the suppression of exculpatory evidence.
- As of today, the Prosecution has not furnished the said list, thereby prejudicing the defence of the Petitioner.
PRAYER
It is therefore prayed that this Hon’ble Court be pleased to direct the Prosecution/Investigating Agency to furnish the list of statements, documents, and material objects not relied upon by the Investigating Officer, as per the mandate of Rule 19(4), before proceeding to the next stage of the case.
Dated the ——- day of ——- 2026
Counsel for Petitioner
