The Supreme Court of India has directed all States and Union Territories to ensure the uploading of FIRs on the websites of concerned police departments within twenty-four hours of registration..The direction was issued by a Bench of Justices Dipak Misra and C Nagappan in a petition filed by the Youth Bar Association of India. The apex court had issued notice to the Centre and States on May 2 this year..Advocate Sanpreet Singh Ajmani appeared for the petitioner while Additional Solicitor General Tushar Mehta represented the Central government..The court has, however, exempted FIRs pertaining to terrorism/insurgency and sexual offences from the purview of its order. The court also made it clear that in the event FIR is not uploaded, it shall not be a ground to obtain any benefit under Section 438 of Code of Criminal Procedure..The order will be effective from November 15..The Youth Bar Association of India had submitted that though the FIR is a public document yet it is difficult to obtain a copy of F.I.R from police. The petition reads,.“.. if the F.I.R is put to websites it would be in the larger public interest and the same will also avoid many difficulties being faced by the general public.”.As per the petition, once an FIR is recorded, it became a public document as per the Indian Evidence Act and any person has the right to inspect the same..The petitioner had buttressed its arguments by resorting to Articles 21 and 22..“Article 21 of the Constitution of India uses the expression personal liberty. The said expression is not restricted to freedom from physical restraint but includes a full range of rights which has been interpreted and conferred by the Apex Court in a host of decisions. …… Article 22 of the Constitution of India also has significant relevance in the present context inasmuch as it deals with protection against arrest and detention in certain cases.”.The petitioner had also relied on decisions of three High Courts – those of Himachal Pradesh, Delhi and Allahabad which had directed that FIRs be uploaded on police websites..The court after hearing the parties today allowed the prayer in the petition. The following are the important directions given by the Court:.Copies of 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 twenty-four hours of the registration of the First Information Report 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. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location..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. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate..If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C..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..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/his authorized representative/parokar 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 in quite promptitude by the concerned Court not beyond three days of the submission of the application..The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016..Read the full order below.
The Supreme Court of India has directed all States and Union Territories to ensure the uploading of FIRs on the websites of concerned police departments within twenty-four hours of registration..The direction was issued by a Bench of Justices Dipak Misra and C Nagappan in a petition filed by the Youth Bar Association of India. The apex court had issued notice to the Centre and States on May 2 this year..Advocate Sanpreet Singh Ajmani appeared for the petitioner while Additional Solicitor General Tushar Mehta represented the Central government..The court has, however, exempted FIRs pertaining to terrorism/insurgency and sexual offences from the purview of its order. The court also made it clear that in the event FIR is not uploaded, it shall not be a ground to obtain any benefit under Section 438 of Code of Criminal Procedure..The order will be effective from November 15..The Youth Bar Association of India had submitted that though the FIR is a public document yet it is difficult to obtain a copy of F.I.R from police. The petition reads,.“.. if the F.I.R is put to websites it would be in the larger public interest and the same will also avoid many difficulties being faced by the general public.”.As per the petition, once an FIR is recorded, it became a public document as per the Indian Evidence Act and any person has the right to inspect the same..The petitioner had buttressed its arguments by resorting to Articles 21 and 22..“Article 21 of the Constitution of India uses the expression personal liberty. The said expression is not restricted to freedom from physical restraint but includes a full range of rights which has been interpreted and conferred by the Apex Court in a host of decisions. …… Article 22 of the Constitution of India also has significant relevance in the present context inasmuch as it deals with protection against arrest and detention in certain cases.”.The petitioner had also relied on decisions of three High Courts – those of Himachal Pradesh, Delhi and Allahabad which had directed that FIRs be uploaded on police websites..The court after hearing the parties today allowed the prayer in the petition. The following are the important directions given by the Court:.Copies of 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 twenty-four hours of the registration of the First Information Report 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. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location..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. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate..If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C..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..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/his authorized representative/parokar 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 in quite promptitude by the concerned Court not beyond three days of the submission of the application..The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016..Read the full order below.