Dileep Request to SC: In the Kerala actress assault case, the Supreme Court decided whether the memory card containing the assault footage should be regarded as a material object or a document. This decision settled a long-standing legal dispute that had progressed from the trial court to the High Court and finally to the Supreme Court.

The accused would not need to receive a copy of the content if it were a material thing, but if it were a document, they would. The ruling is now seen as a critical precedent for all cases involving sexual assault being videotaped since the Supreme Court provided a clear legal interpretation in this uncommon circumstance.

Dileep Request for Visuals Memory Card: 

Dileep, the eighth accused, had already had his request for a copy of the memory card denied by the trial court because the complainant’s safety, dignity, and privacy would be jeopardized. Dileep appealed to the Supreme Court in late 2018 after the High Court upheld this opinion, and the decision was rendered in November 2019 following over a year of legal consideration.

Providing clarification on legality in an unprecedented case was the Supreme Court’s primary concern, not whether Dileep should be given a copy of the actress’s attack footage. The memory card has qualities of both a tangible item and an electronic or digital document. It makes sense that a memory card would not be mentioned in the century-old Law of Evidence. The Information Technology Act was therefore taken into consideration by the Supreme Court.

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Dileep argued that since the pictures were a document, he was legally right to a copy. The state government and the survivor, however, vehemently objected to the request, claiming that since Dileep was allegedly the one who instigated the crime, allowing access could allow for the misuse of the images. Later, the government changed its stance, saying that even if the video was considered a document, a copy shouldn’t be sent out without security measures.

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