"Supreme Court Reaffirms Accused Person's Right to Access FIR Copy"
FIR (First Information Report)
the foundational document registering a cognisable offence, triggering police investigation
BNSS 2023
Bharatiya Nagarik Suraksha Sanhita, the statute replacing the Code of Criminal Procedure governing criminal procedure in India
The right to a fair trial is a foundational guarantee under Article 21 of the Constitution, which protects personal liberty. Courts have consistently read into Article 21 a cluster of procedural rights: the right to know the charges, the right to legal representation, and the right to access documents that form the basis of prosecution. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC), governs the registration of FIRs, investigation, and trial procedure. Despite this legislative overhaul, the BNSS does not expressly grant an accused person the right to receive a copy of the FIR at the time of its registration. This gap has historically been filled by judicial interpretation.
The FIR, First Information Report, is the foundational document in a criminal case. It sets out the nature of the alleged offence, the sections invoked, and the identity of the complainant. Denying an accused access to this document leaves them unable to understand the case against them, seek anticipatory bail, or challenge the registration itself. The Constitution, under Article 226, empowers High Courts to issue writs to remedy such denials, and the Supreme Court exercises oversight under Article 136.
The BNSS creates a two-stage framework for document access. Section 173(2) requires the police to give a copy of the FIR to the informant or victim forthwith and free of cost. The accused, however, is not mentioned at this stage. The accused receives documents only after the investigation concludes and a chargesheet is filed. Section 230 then requires the magistrate to furnish the accused with copies of all prosecution documents, including the FIR and chargesheet, within 14 days of their appearance or production before the court.
This statutory gap between registration and chargesheet filing, which can span weeks or months, left accused persons without a formal mechanism to access the FIR during investigation. Judicial precedents have progressively addressed this. The Delhi High Court, in Court on its Own Motion through Mr. Ajay Choudhary v. State (2010), created a structured mechanism: an accused or an authorised relative can apply to the Station House Officer (SHO), who must forward the request to the Assistant Commissioner of Police (ACP) for a decision within seven working days. Refusals must be reasoned and can be challenged before a senior officer. The court also directed Delhi Police to upload FIRs on its website within 24 hours of registration, with an exception for sensitive offences, decisions on which must be taken by an officer not below the rank of Deputy Commissioner of Police (DCP). …
With reference to India, consider the following statements:
1.Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station lock-up, not in jail.
2.During judicial custody, the police officer in charge of the case, without the approval of the court, cannot interrogate the suspect.
Which of the statements given above is/are correct?
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
Consider the following statements regarding the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and an accused person's right to access the FIR:
1.Section 173(2) of the BNSS requires the police to provide a copy of the FIR to the accused forthwith and free of cost upon registration.
2.Section 230 of the BNSS requires the magistrate to furnish the accused with copies of prosecution documents, including the FIR, within 14 days of their appearance before the court.
3.The BNSS expressly provides for the accused to obtain the FIR during the investigation, before the chargesheet is filed.
How many of the above statements are correct?
Consider the following statements regarding the Supreme Court's directions in Youth Bar Association of India v. Union of India (2016) on FIR access:
1.FIRs must be uploaded on police websites within 24 hours of registration, extendable to 48 hours for unavoidable difficulties.
2.For geographical connectivity problems, the deadline for online publication can be extended up to 72 hours.
3.An accused can obtain a certified copy of the FIR from the magistrate within 5 working days of the FIR being forwarded to the court.
How many of the above statements are correct?
With reference to the 'sensitive offence' exemption for online FIR publication under the Supreme Court's Youth Bar Association (2016) directives, consider the following:
1.Sexual offences and POCSO Act cases are identified as examples of sensitive offences.
2.The decision to withhold an FIR from online publication cannot be taken by an officer below the rank of Deputy Superintendent of Police (DSP).
3.Even where an FIR is withheld on grounds of sensitivity, the accused cannot obtain a certified copy at any stage before the chargesheet is filed.
Which of the statements given above is/are correct?
Match the following judicial decisions with their key directions on FIR access for accused persons:
1.Court on its Own Motion v. State (Delhi HC, 2010)
2.Rama Nand Rathore v. State of HP (HP HC, 2014)
3.Youth Bar Association of India v. Union of India (SC, 2016)
Directions:
P. FIR upload on police website within 24 hours; accused to get certified copy from police within 24 hours; pan-India applicability
Q. Accused or authorised relative can apply to SHO; request forwarded to ACP for decision within 7 working days
R. Person suspecting they are named in FIR can seek certified copy from police within 24 hours; FIR upload within 24 hours
Consider the following statements regarding the grievance redressal mechanism when an FIR is withheld from online publication on grounds of sensitivity under the Youth Bar Association (2016) directives:
1.A person aggrieved by the withholding decision can approach the Superintendent of Police or an equivalent officer.
2.The SP must constitute a three-member committee to decide the grievance within three days.
3.The decision to withhold can be taken by any gazetted police officer.
Which of the statements given above is/are correct?
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