In a PIL filed by Youth Lawyers Association of India before the Supreme Court of India, the Supreme Court comprising of a bench of Justices Dipak Misra and C Nagappan asked the State Governments and the UTs to upload the FIR within 24 hours of registration. The instant PIL was filed after the Delhi High Court had directed the Delhi Police to upload the FIRs on its website within 24 hours of registration with the police.
For states which are having less internet connectivity and there is difficult terrain, the time for uploading the FIRs online has been extended to 72 hours.
In cases relating to insurgency and sexual offences against women and children, the State Government is exempted to upload such FIRs online. They also held that the accused cannot take failure to upload FIR as a ground in the court of law.
The SC observed that,
“12. Having heard learned counsel for the parties, we think it appropriate to record the requisite conclusions and, thereafter, proceed to issue the directions:-
….
(d) 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 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 twenty-four 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. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight 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”
….
(g) If an FIR is not uploaded, needless to say, it shall not ensure per se a ground to obtain the benefit under section 438 of the Cr.P.C.
….
(k) The Directions for uploading of FIR in website of all the states shall be given effect from 15th November, 2016.”
