Yes, an accused person has a legal right to receive a copy of the First Information Report (FIR) immediately or within 24 to 48 hours of registration, as per Supreme Court directives (Youth Bar Association of India v. Union of India). The copy should be provided to the accused or their representative, enabling them to seek remedies. [1, 2, 3]
Key Details Regarding FIR Access for Accused:
• Right to Access: The Supreme Court has ruled that an accused is entitled to a copy of the FIR at an early stage, which is crucial for exercising their rights under Article 21 of the Constitution.
• How to Obtain: An application should be submitted to the Superintendent of Police or the officer in charge of the police station.
• Timeline: The Supreme Court directed that the copy should be supplied within 24 hours of the request.
• Court Access: If the police refuse, the accused can apply to the Magistrate court to obtain a certified copy.
• Exceptions: In sensitive cases (like sexual offences), the FIR might not be uploaded online to protect privacy, but the accused still has a right to obtain a copy through proper channels. [1, 2, 3, 4]
Steps to Take if Police Refuse:
1. Submit a written application to the Police Station (SHO) and keep a received copy.
2. If denied, file an application before the Area Magistrate requesting the FIR, citing the Supreme Court’s Youth Bar Association judgment.
3. Use the Right to Information (RTI) Act if necessary to get the document, as an FIR is a public document. [3, 5, 6, 7, 8]
AI responses may include mistakes.
[1] https://www.myadvo.in/blog/an-accused-is-entitled-to-get-a-copy-of-the-first-information-report-as-early-as-possible
[2] https://amishaggarwala.com/how-to-get-a-copy-of-the-fir-in-false-criminal-cases-supreme-court-guidelines-explained/
[3] https://www.instagram.com/reel/DQszJYjE5uJ/
[4] https://www.newsclick.in/can-accused-be-denied-copy-fir
[5] https://www.krishnaias.com/page/is-an-accused-person-entitled-as-a-matter-of-right-to-get-a-copy-of-the-fir-first-information-report-registered-against-him/5e4d8e632e3ba10001253794
[6] https://www.scribd.com/document/848712531/APPLICATION-FOR-OBTAINING-COPY-OF-FIR-FOR-THE-ACCUSED
[8] https://restthecase.com/knowledge-bank/withdrawal-of-fir
