Legal Blog: Accused Entitled to Copy of FIR : Directions & Guidelines : Delhi High Court

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Sunday, December 12, 2010

Accused Entitled to Copy of FIR : Directions & Guidelines : Delhi High Court

Justice Deepak Misra
You may recall our news bite relating to the Direction given by the Delhi High Court to put all FIRs online, in the case titled as Court on its Own Motion through Mr. Ajay Choudhary vs State. The Bench speaking through Chief Justice Deepak Misra has laid down certain guidelines for the said purpose. The relevant extract from the above Judgment is reproduced below;


"46. Keeping in view the law in the field, the entitlement of the accused, the mechanism suggested by the learned Additional Solicitor General as as the learned counsel for the petitioner and regard being had to the of striking of balance, as had been referred to earlier, we proceed to our conclusions and the directions as enumerated below:
(A) An accused is entitled to get a copy of the First Information Report an earlier stage than as prescribed under Section 207 of the Cr.P.C.
(B) An accused who has reasons to suspect that he has been roped in criminal case and his name may be finding place in a Information Report can submit an application through representative / agent / parokar for grant of a certified copy before concerned police officer or to the Superintendent of Police payment of such fee which is payable for obtaining such a copy the court. On such application being made, the copy shall be within twenty-four hours.
(C) Once the First Information Report is forwarded by the police to the concerned Magistrate or any Special Judge, on an being filed for certified copy on behalf of the accused, the same be given by the court concerned within two working days. aforesaid direction has nothing to do with the statutory inhered under Section 207 of the Cr.P.C.
(D) The copies of the FIR, unless reasons recorded regard being had to nature of the offence that the same is sensitive in nature, should uploaded on the Delhi Police website within twenty-four hours lodging of the FIR so that the accused or any person connected the same can download the FIR and file appropriate application the court as per law for redressal of his grievances.
(E) The decision not to upload the copy of the FIR on the website of Police shall not be taken by an officer below the rank of Commissioner of Police and that too by way of a speaking order. decision so taken by the Deputy Commissioner of Police shall also duly communicated to the Area magistrate.
(F) The word 'sensitive' apart from the other aspects which may thought of being sensitive by the competent authority as hereinbefore would also include concept of privacy regard being to the nature of the FIR.
(G) In case a copy of the FIR is not provided on the ground of nature of the case, a person grieved by the said action, after his identity, can submit a representation with the Commissioner Police who shall constitute a committee of three high officers and committee shall deal with the said grievance within three days the date of receipt of the representation and communicate it to grieved person.
(H) The Commissioner of Police shall constitute the committee eight weeks from today.
(I) In cases wherein decisions have been taken not to give copies of FIR regard being had to the sensitive nature of the case, it will open to the accused / his authorized representative / parokar to file application for grant of certified copy before the court to which FIR has been sent and the same shall be provided in quite by the concerned court not beyond three days of the submission of application.
(J) The directions for uploading the FIR on the website of the Police shall be given effect from 1st February, 2011.
47. A copy of this order be sent to the Commissioner of Police to appropriate action to effectuate the directions in an apposite so that grievances of this nature do not travel to court.
48. The writ petition is accordingly disposed of."

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