Youth Bar Association of India vs Union of India - Supreme Court

 Youth Bar Association of India vs Union of India  - Supreme Court Important Judgment 2016 - 

 

On 7th September, 2016, in the case of Youth Bar Association of India vs Union of India and Others [Writ Petition (Crl.) no.68 of 2016], various important directions were issued on the First Information Report (FIR). The Supreme Court inter alia directed that “an accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.”; and that “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.” However, it was clarified 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” and “the said 48 hours can be extended maximum up to 72 hours.”

 It was further directed that the “decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority.” The Court also clarified that if an FIR is not uploaded “it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C.” It was also directed that “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 any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police who shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.”