Gujarat HC: FIR Is A Public Document

Folks,

The cops have a tendency to hide the FIR. I believe, if you don’t know what you are being charged with, how can you defend yourself?

This is a judgment from 1992.

Here is an excerpt: “whenever FIR is registered against the accused, a copy of it is forwarded to the Court under provisions of the Code; Thus it becomes a public document. Considering (1) the provisions of Art. 21 of the Constitution of India, (2) First Information Report is a public document in view of S. 74 of the Evidence Act; (3) Accused gets right as allegations are made against him under provisions of S. 76 of the Indian Evidence Act, and (4) FIR is a document to which S. 162 of the Code does not apply and is of considerable value as on that basis investigation commenced and that is the first version of the prosecution, as and when application is made by accused for a certified copy of the complaint, the Court to which it is forwarded should give certified copy of the FIR, if the application and legal fees thereof have been tendered for the same in the Court of law.”

Here is a judgment by the Gujarat High Court: FIR Is A Public Document

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3 Responses to “Gujarat HC: FIR Is A Public Document”


  1. 1 L.N.Aggarwal July 7, 2011 at 12:42 pm

    can the accused be supplied a copy of the FIR before chargesheet is filed in the court.If the accused knows the false allegations, he can defend himself at the investigation stage rather facing trial of false charges.

    Like

    • 2 krishankmittal July 8, 2011 at 4:42 am

      seek copy through RTI. FIR is apublic document.Pl search this site for the judgement given by the CIC new delhi. Or bribe some body in the office of Judicial magistrate to obtain a copy of FIR as copies of all FIRs are sent to his office for record.

      Like

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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