§ 221B — Prosecution’s obligation to serve certain materials on defence

221B.—(1) Without affecting any requirement imposed under any rule of law (so far as it is not inconsistent with this Code or any other written law) relating to the prosecution’s obligation to serve on the defence any type of material in the prosecution’s possession, or the time of service of such material, the prosecution must serve the following materials on the defence in accordance with this section:(a)

any unused material in relation to the charge or charges to be, or that are, proceeded with at the trial;

(b)

any statement of any material witness that relates to the charge or charges to be, or that are, proceeded with at the trial;

(c)

any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges to be, or that are, proceeded with at the trial, which the prosecution did not —(i)

adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or

(ii)

serve on the defence under section 161(2), 166(1), 213(1) or 218(1);

(d)

a transcript (if any) of any other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges proceeded with at the trial, which the prosecution did not —(i)

adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or

(ii)

serve on the defence under section 161(2), 166(1), 213(1) or 218(1).

(2) To avoid doubt, the prosecution is not required to serve any statement of a prosecution witness who may confirm or contradict, in material respects, an accused’s defence as set out in the accused’s statement or statements to the relevant law enforcement agency, the Case for the Defence, or the accused’s testimony in court, unless the statement constitutes unused material.

(3) Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times:(a)

the materials mentioned in subsection (1)(a) that relate to the charge or charges at the same time that the Case for the Prosecution is served on the defence under section 161(2) or 213(1);

(b)

the materials mentioned in subsection (1)(b) that relate to the charge or charges —(i)

in the case where the Case for the Defence has been served on the prosecution in accordance with section 163(1) or 215(1) — at the same time as the service of the documents under section 166(1) or 218(1); or

(ii)

in the case where the Case for the Defence has not been served on the prosecution in accordance with section 163(1) or 215(1) — after the accused has testified in court or has elected not to testify in court;

(c)

the materials mentioned in subsection (1)(c) and (d) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court.

(4) Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures do not apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times:(a)

the materials mentioned in subsection (1)(a) that relate to the charge or charges, before the commencement of the trial of the charge or charges;

(b)

the materials mentioned in subsection (1)(b), (c) or (d) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court.

(5) This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non‑disclosure of any information.[Act 5 of 2024 wef 14/02/2025]

—(1) Without affecting any requirement imposed under any rule of law (so far as it is not inconsistent with this Code or any other written law) relating to the prosecution’s obligation to serve on the defence any type of material in the prosecution’s possession, or the time of service of such material, the prosecution must serve the following materials on the defence in accordance with this section:(a)

any unused material in relation to the charge or charges to be, or that are, proceeded with at the trial;

(b)

any statement of any material witness that relates to the charge or charges to be, or that are, proceeded with at the trial;

(c)

any written statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges to be, or that are, proceeded with at the trial, which the prosecution did not —(i)

adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or

(ii)

serve on the defence under section 161(2), 166(1), 213(1) or 218(1);

(d)

a transcript (if any) of any other statement given by the accused and recorded, in the form of an audiovisual recording, by an officer of a law enforcement agency under any law in relation to the charge or charges proceeded with at the trial, which the prosecution did not —(i)

adduce in evidence at the trial at any time before the accused has completed his or her testimony in court or has elected not to testify, whichever is applicable; or

(ii)

serve on the defence under section 161(2), 166(1), 213(1) or 218(1).

(2) To avoid doubt, the prosecution is not required to serve any statement of a prosecution witness who may confirm or contradict, in material respects, an accused’s defence as set out in the accused’s statement or statements to the relevant law enforcement agency, the Case for the Defence, or the accused’s testimony in court, unless the statement constitutes unused material.

(3) Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times:(a)

the materials mentioned in subsection (1)(a) that relate to the charge or charges at the same time that the Case for the Prosecution is served on the defence under section 161(2) or 213(1);

(b)

the materials mentioned in subsection (1)(b) that relate to the charge or charges —(i)

in the case where the Case for the Defence has been served on the prosecution in accordance with section 163(1) or 215(1) — at the same time as the service of the documents under section 166(1) or 218(1); or

(ii)

in the case where the Case for the Defence has not been served on the prosecution in accordance with section 163(1) or 215(1) — after the accused has testified in court or has elected not to testify in court;

(c)

the materials mentioned in subsection (1)(c) and (d) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court.

(4) Where in relation to the charge or charges against an accused that the prosecution intends to proceed with at the trial, the criminal case disclosure procedures do not apply by virtue of section 159 or 211A, the prosecution is required to serve on the defence the following materials at the following times:(a)

the materials mentioned in subsection (1)(a) that relate to the charge or charges, before the commencement of the trial of the charge or charges;

(b)

the materials mentioned in subsection (1)(b), (c) or (d) that relate to the charge or charges, after the accused has testified in court or has elected not to testify in court.

(5) This section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non‑disclosure of any information.[Act 5 of 2024 wef 14/02/2025]