Mr. Uddyam Mukherji, learned counsel appearing for
the State of Odisha has submitted that whether a matter is
sensitive or not, the Court may say no reasons should be
given because the allegation in the F.I.R. shall speak for
itself.
12. Having heard learned counsel for the parties, we
think it appropriate to record the requisite conclusions and,
thereafter, proceed to issue the directions:-
(a) An accused is entitled to get a copy of the First
Information Report at 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 a criminal case and his name may be finding
place in a First Information Report can submit an
application through his representative/agent/parokar for
grant of a certified copy before the concerned police
officer or to the Superintendent of Police on payment of
such fee which is payable for obtaining such a copy from
the Court. On such application being made, the copy
shall be supplied within twenty-four hours.
(c) Once the First Information Report is forwarded by
the police station to the concerned Magistrate or any
Special Judge, on an application being filed for
certified copy on behalf of the accused, the same shall
be given by the Court concerned within two working days.
The aforesaid direction has nothing to do with the
statutory mandate inhered under Section 207 of the
Cr.P.C.
(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 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.
(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. 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.
(f) The word 'sensitive' apart from the other aspects
which may be thought of being sensitive by the competent
authority as stated hereinbefore would also include
concept of privacy regard being had to the nature of the
FIR. The examples given with regard to the sensitive
cases are absolutely illustrative and are not exhaustive.
(g) 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.
(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.
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRL.) NO.68 OF 2016
Youth Bar Association of India V Union of India and Others
Dated:September 07, 2016.
Citation:AIR 2016 SC 4136, (2016) 9 SCC 473,2017 CRLJ1093
