Accused's right to FIR copy: SC directs online upload, clarifies sensitive offence exemption
The Supreme Court intervened to ensure journalist Abhishek Upadhyay received a copy of his FIR, highlighting the accused's right to access it. While the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), stipulates FIR access at later stages, judicial precedents (Delhi HC, Himachal Pradesh HC, SC) have established the right to obtain it sooner. The Supreme Court directed that FIRs be uploaded on police websites within 24-72 hours, with an exception for 'sensitive offences' like sexual or terror crimes, which require a reasoned decision by a DCP-rank officer and a three-member committee for grievances. Timely access is crucial for pre-trial remedies and a fair trial.
Key Points
- The Supreme Court has consistently affirmed an accused person's right to obtain a copy of the FIR soon after its registration, not just at later stages.
- Police are mandated to upload FIRs on their official websites within 24-72 hours of registration to ensure transparency and access.
- An exception exists for 'sensitive offences' (e.g., sexual, terror crimes), where FIRs can be withheld, but this requires a reasoned decision by a senior police officer.
- Timely access to the FIR is fundamental for an accused to pursue pre-trial remedies like quashing the FIR or seeking anticipatory bail, upholding the right to a fair trial.
- Despite judicial directives, police officials often fail to comply with the online upload requirement, as noted by legal experts.
Exam Facts
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Sections 173(2) and 230.
- Key judgments: Court on its Own Motion through Mr. Ajay Choudhary v. State (2010) (Delhi HC), Rama Nand Rathore v. State of Himachal Pradesh (2014) (HP HC), Youth Bar Association of India v. Union of India (2016) (SC).
- Online FIR upload deadline: 24 hours (extendable to 48-72 hours for connectivity issues).
- Sensitive offence withholding decision requires an officer not below the rank of DCP.
- Protection of Children from Sexual Offences Act, 2012, is an example of a 'sensitive offence'.
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