Facts: The petitioner sought a writ in nature of mandamus, directing the Union of India and the States to upload each and every First Information Report (FIR) registered in all the police stations within the territory of India on the official website of the police of all States as early as possible, preferably within 24 hours of registration.
Issue: The Court had been asked to determine the guidelines pertaining to uploading the FIRs on the official website of the State police.
View: It is necessary to delineate guidelines in this matter to ensure that the individual whose liberty is at stake once the criminal law is set in motion, has the required information so that he/she can take necessary steps to protect his liberty.
Held: The Court issued the following directions:
- a) An accused is entitled to get a copy of FIR at an earlier stage than as prescribed under section 207 of the Code of Criminal Procedure, 1973.
- b) An accused who has reasons to suspect that he has been roped in a criminal case and his name may find place in an FIR can submit an application himself or through his representative. The application for grant of a certified copy should be made before the concerned police officer on payment of fee which is otherwise payable for obtaining such a copy from the Court. On application, the copy shall be supplied within 24 hours.
- c) Once the FIR is forwarded by the police station to the concerned Magistrate or Special Judge, on an application filed on behalf of the accused for a certified copy, the same shall be given by the concerned Court within two working days. This is independent of the statutory mandate under section 207 of the Code of Criminal Procedure, 1973.
- d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within 24 hours of the registration of the FIR so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances.
- e) The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. Such decision has to be communicated to the concerned judicial magistrate.
- f) The word ‘sensitive’ apart from the other aspects which may be thought of being sensitive by the competent authority would also include concept of privacy, regard being had to the nature of the FIR. The list of sensitive offences above is illustrative and not exhaustive.
- g) If an FIR is not uploaded, it shall not per se be a ground to obtain the benefit under section 438 of the Code of Criminal Procedure, 1973.
- h) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, if a representation is submitted to the Commissioner of Police, he shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.
- i) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused or his authorised representative to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided not beyond three days of the submission of the application.
- j) The directions for uploading of FIR in the website of all the States shall be given effect from 15.11.2016 ( WP .( Cri) No. 68 of 2016 dt 7-9 -2016 )
Editorial: The Supreme Court in this case set out important guidelines to be followed in uploading FIRs on the official website of the State police. Guidelines also contained the procedure to be followed in order to obtain a copy of the same in certain special circumstances.
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