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This is an archive article published on October 20, 2015

Plea in Allahabad HC for making FIRs available online

So that the accused could get access to it within a reasonable time and seek legal recourse, as per their rights.

The Allahabad High Court has sought the response of the state government on a PIL which pleads that first information reports (FIRs) should be uploaded online so that the accused could get access to it within a reasonable time and seek legal recourse, as per their rights.

A Division Bench of Chief Justice D Y Chandrachud and Justice Yashwant Varma passed the order on October 16, while hearing a petition filed by Youth Bar Association of India and another, filed through its state president and also the counsel for the petitioner, Shikhar Awasthi.

The court said: “The learned Chief Standing Counsel is requested to take instructions and to place before the court the view of the state on whether the relief, which has been prayed for the uploading of first information reports (FIRs) on the website of the state police can be considered to ensure that copies are made available expeditiously to the accused.” The court listed the matter for next hearing on November 19.

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Awasthi said: “Our prayer is that the FIRs should be made available online preferably within 24 hours. Even if there is a time-bound framework of, say, 48 or 72 hours, it can be accepted”.

“Our contention is that often, after filing of the FIR, the accused has to do the running around to get a certified copy of the same. This leads to a delay in the accused seeking legal recourse. Under the law, an accused, too, has the right to know the charges under which he has been booked. Delay in giving him a copy of the FIR obstructs his right to legal recourse,” said Awasthi.

There are also cases, added the counsel, where the police change the section after registering the FIR. “We have come across cases where a person was booked under a non-cognisable offence. But by the time he procured a certified copy of the FIR, cognisable sections had been invoked against him. Putting FIRs online will help in reducing this problem,” said Awasthi.

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