Make FIR public within 24 hrs: Delhi HC to police
Delhi High Court directed the city police to make public the FIR within 24 hours.
New Delhi: In order to bring more transparency in criminal investigations, the Delhi High Court on Monday directed the city police to make public the FIR within 24 hours by uploading it on its website.
A bench headed by Chief Justice Dipak Misra said an accused is entitled to a copy of the First Information Report within twenty four hours of the registration of the FIR and the police cannot deny supplying it.
Observing that a fair and impartial investigation is the fundamental right of an accused, the bench said accused need not move the court in order to get a copy of FIR and it is the duty of the police to provide it.
"Fair and impartial investigation is a facet of Article 21 of the Constitution of India and presumption as regards the innocence of an accused is a human right.
Therefore, a person who is booked under criminal law has a right to know the nature of allegations so that he can take necessary steps to safeguard his liberty," the court said.
"An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the CrPC(which says that accused has to move to court and it would be supplied by order of Magistrate)," the court.
The court said FIRs registered by the police would be uploaded on its website and directed the police to implement the direction fro February 1, 2011.
The court, however, said that in case of sensitive nature the police is allowed not to make the FIR public but it has to be duly communicated to the Area magistrate.
"The copies of the FIR, unless reasons recorded regarding the nature of the offence that the same is sensitive in nature, should be uploaded on the Delhi Police website within 24 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 court said.