Paving the way for increased transparency to the
benefit of innocent citizens who often dread being entangled in criminal cases,
the Supreme Court has delivered a historic verdict on the 7th of
this month. The Hon’ble Apex Court while hearing a petition in Youth Bar Association of India vs. Union of
India & Others has issued mandatory guidelines to law keeping agencies
with regard to sharing the FIR with the persons implicated therein. To those
who do not function in the realm of legal world, an FIR (First Information
Report) is nothing but the first report of an incident which discloses the
commission of an offence and which sets the criminal law into motion. In other words
it is the FIR which lays the foundation for a proper criminal investigation. It
is not necessary that an aggrieved person or a victim should file an FIR.
Anyone who has any kind of information about any criminal incident may lodge a
report of the same before a Police officer. There are nuances and guidelines that
have to be scrupulously followed in matters of lodging and receiving FIR and
the actions to be taken thereafter but that is a separate discussion altogether.
What must however be clear to everyone is the great significance of an FIR for
both, the informant / victim and the accused. It was naturally thus always a subject
of debate as to whether in an environment where we are striving for greater information
sharing and accountability, it was being unfair to the accused persons to keep
them away from knowledge of a potential criminal litigation implicating them.
In my considered view it was. Subject ofcourse to certain obvious exceptions
such as matters of national security, terrorism, crimes against women (where
the identity of a victim is of paramount consideration keeping in view her dignity
sought to be protected) any and all possible accusations against a person
should be available to his access.
After this verdict, which marks 15.11.16 as the final
date for implementation, every Police Station shall be bound to give, within 24
hours, a copy of the FIR to the accused if the latter files for its copy either
himself or through his agent. The Courts shall also be bound to supply the same
within 2 working days.
The copies of FIR shall have to be uploaded on the
Police website and /or the State Govt.’s website within 24 hours of its
registration. This shall enable the accused to download an FIR against him and
take timely steps for his defence or redressal. Exceptions are FIRs pertaining
to sexual offences, sexual offences against children, terrorism, insurgency and
of other sensitive category.
If a copy of FIR is not provided by
the Police to an accused then he can approach the Superintendent of Police with
his grievance and it shall be addressed within 3 days. Be it noted that when
Police denies to give copy of FIR, it is always open to the person to move the
Court where it has been sent to. Since as per law every FIR’s copy is
mandatorily sent to the Magistrate’s Court after registration. Hence the
accused can always also alternatively approach the Court for a copy.
Ofcourse an FIR being a public document (as per the definition
of the term in the Evidence Act) information can be obtained about it by way of
RTI Act. However that would only be information as sought for which is
sometimes vitally different from the copy of the document itself. Further, an
RTI application may be denied information on the grounds that it would hamper investigation.
Hence, the Supreme Court verdict in Youth
Bar Association of India has opened to the public realm what used to be a
much clandestine area in the criminal justice delivery system. The only thing that troubles my mind is the
consequences, both personal and larger, of having a FIR registered against me
available to the viewing of the whole world. But then I recall the principles
that run any welfare nation, ones that call upon its subjects to relinquish a
part of their individual comforts when something sacred is sought to be
achieved for the community at large.
We live in strange times, difficult no less where a part of our
civilization is fighting hard to emancipate us and the other is applying its
resources, for reasons best known to it, to offset that endeavor.
Wholeheartedly pledging to the deeper spirit of the verdict and the benefits it
aims to usher for the honest and the innocent against unscrupulous attempts
against their liberties, I beseech my fellow citizens to honor that spirit and
espouse what it seeks to redress and improve, an act which after all is only
our solemn duty
P.S. Readers
are requested to peruse the Judgment for complete information.
Truly, a landmark verdict and a step in the right direction for human rights point of view.
ReplyDeleteOh yes Durgaji. This breaks an arcane barrier.
DeleteConsidering the fact that the officers-in-charge are not always friendly and honest enough to do proper justice with an aggrieved person filing a FIR, this is a welcome step. Thanks for the information... :-)
ReplyDeleteHope you won't mind if I ask you a question, tumi ki bangali?
Exactly This opens up things quite a bit and hopefully that openness won't be misused.
DeleteI am your neighbour Maniparna. I'm from Odisha😊.
Thanks for sharing your views.
Oh...Accha...great to know that :-)
DeleteNice information
ReplyDeletehttp://www.thewordlyconfusion.com/
Thanks Punit
DeleteWorth a read and Informative .. Thanks ..
ReplyDeleteThank you
Delete