Can an accused be denied a copy of the FIR?, Pg12

Key Highlights:

• The Supreme Court recently directed Ghaziabad Police to provide independent journalist Abhishek Upadhyay with a copy of the First Information Report (FIR) and CCTV footage in a road-rage case.
• Upadhyay alleged false implication due to his reportage on Ram Mandir donations and denial of the FIR copy.
• The Court's intervention protected him from arrest and allowed him to seek further relief from the High Court.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 (CrPC), does not explicitly mandate immediate FIR provision to the accused.
• Judicial precedents, however, affirm the right of an accused to access the FIR soon after its registration.

Right to FIR.jpg

Detailed Insights:

• The BNSS stipulates that an accused receives the FIR only after the investigation concludes and a chargesheet is filed, specifically under Section 230.
• This contrasts with Section 173(2) of the BNSS, which requires immediate and free provision of the FIR to the informant or victim.
• The Delhi High Court, in Court on its Own Motion through Mr. Ajay Choudhary v. State (2010), established a mechanism for accused persons to obtain FIRs during investigation.
• This ruling also directed the Delhi Police to upload FIRs on their website within 24 hours, with exceptions for sensitive cases.
• The Supreme Court, in Youth Bar Association of India v. Union of India (2016), extended these directives nationwide.
• This landmark judgment mandated uploading FIRs on police or state government websites within 24 hours, extendable to 48 or 72 hours for connectivity issues.
• Exceptions for online publication include "sensitive offences" like sexual offenses, cases under the Protection of Children from Sexual Offences Act, 2012, and terror offenses.
• Decisions to withhold FIRs due to sensitivity must be made by an officer not below the rank of Deputy Superintendent of Police.
• Access to the FIR is crucial for an accused to pursue pre-trial remedies such as quashing of the FIR or anticipatory bail, upholding the right to a fair trial.

Key Concepts Involved:

• First Information Report (FIR): A written document prepared by police when they receive information about the commission of a cognizable offense.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The new procedural law for criminal justice in India, replacing the Code of Criminal Procedure, 1973 (CrPC).
• Quashing of the FIR: A legal remedy where a High Court can annul an FIR, stopping criminal proceedings if it finds no prima facie case or abuse of process.
• Anticipatory Bail: A pre-arrest bail granted by a court to a person who apprehends arrest on accusation of having committed a non-bailable offense.
• Right to Fair Trial: A fundamental right ensuring that every individual accused of a crime receives a just and impartial legal process.