# Stop delaying in providing certified copies in the name of unidentified procedures

- Link: https://section1.in/rule-209-criminal-rules-of-practice-certified-copies/
- Published: 2026-10-25T12:55:14+00:00
- Author: Sathiyajyothi Sabapathi

Obtaining copies of the case records is the statutory right of the parties, either
directly or through their advocates, in their case. These records are needed to 
defend their case or to file their appeal, revision etc. So, to get these records,
a Party or his advocate files an Application Known as Copy Application.

I am speaking here is about _ONLY_ about rule 209 of Criminal Rules of Practice,
2019 which sets the Procedure for requesting these copies form the concerned court
in which the parties case is pending or disposed.

The application shall be presented by the applicant or his advocate in the ‘open
court’ with the name of the applicant, his Position in the case or proceeding as
the case may be, the name of the advocate and the description of the Proceeding 
or document of which a copy is required.

Once the copy application is submitted in the ‘open court’ with the above requirements,
it can either be allowed by the court or dismissed. Where is the question of returning
the same contemplated under the Rules of Practice?

But, sometimes the court (strictly only the BC or MC) asks the applicants to file
the extra documents called “call for memo”. A memo is nothing but an “information
in writing sent by one person to another in the same business organisation (see:
Oxford/Cambridge Dictionary)”.

The copy application (note this is an application/petition and not a memo) is itself
an official request made by the applicant in which a C.A number will be allocated.
The court does not need an extra memo or notification just to get the copies that
are already lying in its office. The only administrative/clerikal duty is to check
whether the particulars told in the provision i.e., rule. 209 in the Tamilnadu Criminal
Rules of Practice, 2019 is correctly filled or not.

Usually, the court provides adjournment under Section 346 of BNSS, but it must be
understood that Section 346 of BNSS provides the Power to postpone or adjourn the
Proceedings only pertaining to inquiries or trials and not for any administrative
work like issuing certified copies.

Timely access to court records is essential for speedy justice; simple administrative
requests should never be turned into complex Procedural hurdles.

**Reference**: A.Leo Charles … Petitioner Vs M.Vijayakumar … Respondent – CRL.OP.
No.14184 of 2015 – In The High Court Of Judicature At Madras Dated 11.06.2015 Coram
The Honourable Mr.Justice P.N.Prakash;  

**-The End-**

**Written by: Ms Sathiya Jyothi Sabapathy – School of Excellence in law, Chennai–
Finished Law, passed the AIBE exam, yet to receive the enrolment number.**

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