Youth Bar Association of India (Registration of FIR-Supreme Court)

Youth Bar Association of India Versus Union of India and Others
[W.P. (CRL) No.68/2016]  Registration of FIR-Supreme Court

Supreme Court guidelines on registration of FIR

In this writ petition, filed under Article 32 of the Indian Constitution, the petitioner, Youth Bar Association of India, has asked for the issuance of a writ in the nature of mandamus, directing the Union of India and the States to upload each and every First Information Report registered in all police stations within India’s territory to the official website of all States’ police, as soon as possible, preferably within 24 hours of the time of registration.

Supreme Court has issued the following directions:

An accused has the right to get a copy of the First Information Report earlier than expected under Section 207 of the Cr.P.C.
Section 207 of CrPC.

1. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following;

• the police report;
• the first information report recorded under section 154;
• the statements recorded under Sub-Section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under Sub-Section (6) of section 173;
• the confessions and statements, if any, recorded under section 164;
• any other document or relevant extract thereof forwarded to the Magistrate with the police report under Sub-Section (5) of section 173;
Provided that the Magistrate may, after perusing any such pan of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused;

Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

2. An accused who has reason to believe that he has been charged in a criminal case and that his name may appear in a First Information Report may apply through his representative/agent/parokar for the grant of a certified copy before the concerned police officer or the Superintendent of Police by paying the required fee for obtaining a copy from the Court. When such an application is made, the copy must be provided within twenty-four hours.

3. The police station shall transmit the First Information Report to the concerned Magistrate or any Special Judge on an application for certified copy on behalf of the accused, and the Court concerned shall provide the same within two working days. The above-mentioned directive has nothing to do with the legislative obligation enshrined in Section 207 of the Cr.P.C.

4. Unless the offence is sensitive in nature, such as sexual offences, insurgency, terrorism, and related offences, offences under the POCSO Act, and such other offences, copies of the FIRs 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 it. It should be noted here that if there are connectivity issues because of geographical location or some other unavoidable difficulties, the duration can be prolonged up to forty-eight hours. The stated 48-hour period might be extended up to 72 hours and is only applicable to connection issues caused by geographical location.

5.An officer below the rank of Deputy Superintendent of Police or any individual holding an equivalent job shall not make the decision not to upload a copy of the FIR to the website. In states where the District Magistrate has a role, he may also take those previously mentioned authorities. A decision made by the relevant police officer or District Magistrate must be reported to the relevant jurisdictional Magistrate.

6.Apart from the factors that are considered sensitive by the competent authorities as described above, the term ‘sensitive’ would also encompass the idea of privacy with reference to the nature of the FIR.

7.Naturally, failing to upload a FIR will not, by itself, qualify one for benefits under Section 438 of the Cr.P.C.

Section 438 of CrPC – Direction for grant of bail to person apprehending arrest

1.Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter-alia, the following factors, namely—

i. the nature and gravity of the accusation;
ii. the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
iii. the possibility of the applicant to flee from justice; and.
iv. where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail;
v. Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this Sub-Section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application.

1A. Where the Court grants an interim order under Sub-Section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court.

1B. The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.

2. When the High Court or the Court of Session makes a direction under subsection (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including—

i. a condition that the person shall make himself available for interrogation by a police officer as and when required;
ii. a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
iii. a condition that the person shall not leave India without the previous permission of the Court;
iv. such other condition as may be imposed under Sub-Section (3) of section 437, as if the bail were granted under that section.

3. If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under Sub-Section (1).

4. Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.

8. A person aggrieved by the action may, after revealing his name, file a complaint to the Superintendent of Police or any other State official in the same position if a copy of the FIR is not supplied due to the sensitive nature of the matter. A committee of three officers would be constituted by the Superintendent of Police to address the aforementioned complaints. In the case of metropolitan cities, if a representation is made to the Commissioner of Police, a committee of three officers will be formed. The grievance must be resolved by the committee within three days of its receipt and communicated to the individual who has been aggrieved.

9. Within eight weeks from the day of the judgment, the committee will be constituted by the responsible body mentioned above, per the directives mentioned above.

10.The accused, his authorised representative, or parokar may file an application for the grant of a certified copy before the court to which the FIR has been sent in cases where decisions have been made not to provide copies of the report due to the sensitive nature of the case. The certified copy will be provided promptly by the concerned court no later than three days after the application is submitted.

The instructions for uploading the FIR to each state’s website has taken effect as on dated November 15, 2016.

Incase, You wish to discuss, and talk on any such matter that, ‘You may need help with’. Feel free to contact us.  Our team at  www.legalwellbeing.in shall be happy to assist.

Written by Ms. Devyani Thawkar and Team.

Previous Relevant – FIR, FIR Requirement, Evidentiary Value -FIR , False Information & Statements

Frequently Asked Questions:

Q1. What is the objective of the writ petition filed by the Youth Bar Association of India in the Supreme Court?

The petition seeks a mandamus directing the Union of India and States to upload every FIR registered in all police stations in India on the official websites, preferably within 24 hours.

Q2. What are the key directions issued by the Supreme Court regarding the right of the accused to obtain a copy of the FIR?

The accused has the right to receive a copy of the FIR under Section 207 of the Cr.P.C. within 24 hours by applying through a representative, agent, or parokar.

Q3. Is there a time frame mentioned for uploading FIRs on police websites?

Yes, unless the offense is sensitive, FIRs should be uploaded within 24 hours of registration. Geographical or connectivity issues may extend this period up to 48 hours, and in exceptional cases, up to 72 hours.

Q4. Who is authorized to decide against uploading a copy of the FIR on the website?

An officer below the rank of Deputy Superintendent of Police or an equivalent authority cannot make this decision. In states with a District Magistrate, they may also have a role in this decision.

Q5. What factors qualify an offense as “sensitive” according to the Supreme Court?

Offenses such as sexual offenses, insurgency, terrorism, POCSO Act cases, and other similar offenses are considered sensitive. Additionally, issues related to privacy in the FIR may also be treated as sensitive.

Q6. Does the failure to upload an FIR automatically lead to benefits under Section 438 of the Cr.P.C.?

No, failing to upload an FIR does not, by itself, qualify one for benefits under Section 438 of the Cr.P.C., which deals with anticipatory bail.

Q7. What can a person do if a copy of the FIR is not provided due to the sensitive nature of the matter?

A person aggrieved by this action can file a complaint to the Superintendent of Police or a State official. A committee will be formed to address such complaints, and grievances should be resolved within three days.

Q8. What is the timeline for the constitution of the committee to address complaints related to the sensitive nature of FIRs?

The committee must be constituted within eight weeks from the day of the judgment, as per the directives mentioned above.

Q9. Can an accused request a certified copy of the FIR if the decision is made not to provide copies due to the sensitive nature of the case?

Yes, the accused or their representative can file an application for a certified copy before the court to which the FIR has been sent. The court must provide the certified copy promptly, no later than three days after the application is submitted.

Q10. When did the instructions for uploading FIRs to each state’s website take effect?
The instructions for uploading FIRs to each state’s website came into effect on November 15, 2016.

You may also refer the Youth Bar Association of India at a link SN. 26