I know that when an accused is arrested, police submits documents such as copy of FIR, arrest memo, seizure memo and forwarding letter (remand application) to the court before producing the accused before a magistrate. The accused or his counsel or his relative can get certified copies of these documents for applying for a bail.
But how to get a copy of FIR when the accused is not yet arrested ??? The accused’s relative or lawyer may need it to make a cross case FIR against the complainant or plan for moving a petition for quashing it if there is no material at all in it which supports the allegation.
In my following YouTube video, I have explained that the accused person has a right to get a copy of the FIR as per a recent Supreme Court judgment (Youth Bar Assn. of India v. Union of India, (2016) 9 SCC 473 : AIR 2016 SC 4136):
In that video, I have explained that the Supreme Court judgment lays down as under:
An accused who believes that his name finds place in an FIR, can submit an application for grant of a certified copy of FIR before the police officer concerned or to 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 24 hours.
Once the FIR is forwarded by the police station to the Magistrate concerned 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 2 working days.
The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under the POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within 24 hours of the registration of the first information report 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.
Due to genuine reasons, the time can be extended up to 48 hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location.
The word “sensitive” apart from the other aspects, would also include concept of privacy, regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
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 to the Superintendent of Police or Commissioner of Police, as the case may be. The Superintendent or Commissioner shall constitute a committee of 3 officers which shall deal with the said grievance within 3 days from the date of receipt of the representation and communicate it to the grieved person.
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 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 court concerned not beyond 3 days of the submission of the application.
For more details, you can watch the above YouTube video.
sir, can a third person (friend or relative of the accused) write an application to the police incharge of the station where FIR is lodged or the concerned superintendent of Police on behalf of the accused for a certified copy of the FIR in a situation where FIR is not yet submitted to the court so that accused can take appropriate step, either anticipatory bail or cross case FIR or an application for quashing FIR, accordingly depending on the materials of allegation against him in the FIR???
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