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Upload the Copy of FIR within 24 Hours in the Website; High Court of HP directs Police [Read the Order]

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29 Dec 2014 6:43 AM GMT
Upload the Copy of FIR within 24 Hours in the Website; High Court of HP directs Police [Read the Order]
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In a landmark Judgment the High Court of Himachal Pradesh directed the police to upload the copy of First Information Report [FIR] in the Website within 24 hours of lodging it, from 26.01.2015.

Justice Tarlok Singh Chauhan who wrote the Judgment held that Democracy expects openness and openness is a concomitant of a free society and sunlight is the best disinfectant. It cannot be disputed that ordinary rule is that secrecy must be an exception, justifiable only when it is demanded by the requirement of public interest

The Court also held that as soon as an FIR is registered, it becomes a public document and members of the public are entitled to have certified copy thereof.

The Court also issued the following Guidelines.

  • The accused is entitled to get a copy of the First Information report at an earlier stage as prescribed under Section 207 of the Cr.P.C.
  • 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.
  • 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.
  • The copies of FIR, unless reasons recorded regard being had to the nature  of  the offence  that  the  same is  sensitive  in  nature,  should  be uploaded  on  the Himachal Pradesh Police  website  within  twenty-four hours  of lodging of the FIR  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.
  • The decision not to upload the copy of the FIR on the website of H.P. Police shall  not  be  taken  by  an  officer  below  the  rank  of  Deputy Superintendent of Police and that too by way of a speaking order. A decision so taken by the Deputy Superintendent of Police shall also be duly communicated to the Area magistrate.
  • 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.
  • (vii) 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  with  the  Superintendent  of Police who shall constitute a committee of three high officers and the committee shall deal with the said grievance within three days  from the  date  of  receipt  of  the representation  and  communicate  it  to  the grieved person.
  • The Superintendent of Police shall constitute the committee within eight weeks from
  • In cases wherein decisions have been taken not to  give copies of the FIR  regard  being  had  to  the  sensitive  nature  of  the  case,  it  will  be open to the accused/his authorized representative/parokar to file an application for  grant  of  certified  copy  before  the  court  to  which the FIR has been sent and the same shall be provided in quite promptitude by the concerned court not beyond three days of the submission of the application.
  • The directions for uploading the FIR on the website of H.P. Police shall be given effect from 26.01.2015.

Read the Full Order here

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