Youth Bar Association of India v Union of India, AIR 2016 SC 4136

copy of FIR on the police website

The facts of the case:

In this case, a writ petition was filed under Article 32 of the Indian Constitution. Youth Bar Association of India (petitioner) has prayed in the nature of mandamus, directing the Union of India and the States to upload every FIR registered in all the police station within the territory of India on the official website of police of all States, as early as possible, preferable within 24 hours from the time of registration of FIR.

Issue:

•​Whether the prayed writ by an order or direction directing the respondents to upload every FIR lodged in all the police stations within the territory of India in the official websites of the police of all states is maintainable or not?

•​Whether FIR can be uploaded as early as possible, preferably within 24 hours from the time of lodging or not?

Judgment:

The court projected that an accused is allowed to get a copy of the FIR at an early stage than as prescribed under section 207 of the Cr. P.C 1973 and the accused may apply with a certain amount of fee prescribed by State Government to either officer-in-charge of the police station or superintendent of police to obtain a certified copy of FIR within 24 hours.

Or, the accused may apply with a certain fee as prescribed by the State Government before the concerned Magistrate or Special Judge to whom the FIR has been forwarded and it will be issued within 2 working days.

The SC supervised that the copies of the FIR should be uploaded on the police website, however, unless the offense is sensitive, like sexual offenses, offenses of insurgency, terrorism, and of that category, or offenses under POCSO Act 2012 and such other offenses. In such exception or sensitive cases, whether to upload or not the copy of the FIR on the website, shall not be taken by an officer below the rank of DySP or any person holding an equivalent post.

If FIR is declined to provide because of the sensitivity of the case, one can approach the Superintendent of Police or Commissioner of police in the metropolitan area. It will be assigned to a committee of 3 police officials and the decision will be given within 3 working days as to whether a copy of the FIR can be granted or not. The committee has to be formed with 8 weeks of 15th November 2016. However, if some state police forces are not complying with these directions, it will be considered as contempt of the court.

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