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AMIT (-)     09 October 2014

Copy of the FIR to the accused

Learned Friends,

Section 154 of CRPC mandates that a copy of the information to the police be handed over to the informant forthwith.

However, my first question is, does the accused have the right to get a copy of the FIR? If he has, under what section?



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 October 2014

Dear Querist

An accused is entitled to get a copy of the First Information Report an earlier stage than as prescribed under Section 207 of the Cr.P.C.
(B) An accused who has reasons to suspect that he has been roped in criminal case and his name may be finding place in a Information Report can submit an application through representative / agent / parokar for grant of a certified copy before concerned police officer or to the Superintendent of Police payment of such fee which is payable for obtaining such a copy the court. On such application being made, the copy shall be within twenty-four hours.
(C) Once the First Information Report is forwarded by the police to the concerned Magistrate or any Special Judge, on an being filed for certified copy on behalf of the accused, the same be given by the court concerned within two working days. aforesaid direction has nothing to do with the statutory inhered under Section 207 of the Cr.P.C.
(D) The copies of the FIR, unless reasons recorded regard being had to nature of the offence that the same is sensitive in nature, should uploaded on the Delhi Police website within twenty-four hours lodging of the FIR so that the accused or any person connected the same can download the FIR and file appropriate application the court as per law for redressal of his grievances.
(E) The decision not to upload the copy of the FIR on the website of Police shall not be taken by an officer below the rank of Commissioner of Police and that too by way of a speaking order. decision so taken by the Deputy Commissioner of Police shall also duly communicated to the Area magistrate.
(F) The word 'sensitive' apart from the other aspects which may thought of being sensitive by the competent authority as hereinbefore would also include concept of privacy regard being to the nature of the FIR.
(G) In case a copy of the FIR is not provided on the ground of nature of the case, a person grieved by the said action, after his identity, can submit a representation with the Commissioner Police who shall constitute a committee of three high officers and committee shall deal with the said grievance within three days the date of receipt of the representation and communicate it to grieved person.
(H) The Commissioner of Police shall constitute the committee eight weeks from today.
(I) In cases wherein decisions have been taken not to give copies of FIR regard being had to the sensitive nature of the case, it will open to the accused / his authorized representative / parokar to file application for grant of certified copy before the court to which FIR has been sent and the same shall be provided in quite by the concerned court not beyond three days of the submission of application
2 Like

AMIT (-)     09 October 2014

Respected Nadim sir,

Thank you very much for your thorough reply. You have replied my query satisfactorily in the past also.

Sir, after your first paragraph of reply in which yopu have quoted s. 207 of CRPC (which I checked out), you have also cited paragraphs (B) to (I) which are also very clear and informative. Can you give the source of those paragraphs?

Thank you sir again. The thank button does not seem to be working on this site.

AMIT (-)     09 October 2014

Mr. Gowda,

Why did you give such a cliched, unauthenicated answer?. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 October 2014

This is held by Delhi High court in a judgement

Court its own motion through Anuj Chaudhary vs state

1 Like

AMIT (-)     10 October 2014

Thank you Nadeemsir again for your useful reply


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