• FIR

As per section 154 of crpc, is fir a part of investigation ? 
if a citizen asks for copy of fir through rti, can the same be refused u/s 8(h) of rti act ?
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

FIR is easily available. but can be denied to unrelated person. Local lawyer can easily arrange.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Investigation starts in filing of FIR. Accused and complainant cannot be refused a copy of FIR only third party can be refused.

Further to obtain FIR RTI filing is not required an application before court for certified copies can be filed and same can be obtained from.jurisdictional court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello, 

  1. FIR is the part of investigation as per section 154 of CrPC as it is the process of information being recorded about the offence. The person giving information, the complainant had the right to get a copy of the information so recorded. 
  2. To answer your question specifically, if any citizen can obtain a copy through RTI application and if it can be refused u/s 8(h) the answer would be in the affirmative as the department investigating has the discretion to do so. 
  3. However, once the FIR is registered, it gets transmitted to the court having jurisdiction from which you can get a certified copy provided you have basic information about the accused person/s.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Discretionary power has been given to police to decide nature of crime reports to be parted on case to case basis .

Further  certain types of crime are specifically kept out of purview of RTI.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

FIR is public document

 

2) you are entitled to copy of FIR under RTI 

 

3) it cannot be refused 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

FIR not to be denied under RTI - Police to publish FIRs on its website. ... There have been many RTI applications filed across the country seeking copies of the FIR. The PIOs have taken a differing stand some holding it as personal information the disclosure of which may hamper the investigation process

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

1. Police FIR is to be compulsorily lodged by police, on receiving information of a cognizable offence. This is as per a SC judgement.  No investigation is required before lodging an FIR.

2. Investigation would start AFTER lodging an FIR.  IF information of FIR is false or legally not tenable, THEN police can close FIR with its Action Taken Report.

3. FIR documents are classified as "public documents" and CANNOT be refused by "ANY"  RTI applicant. Police sometimes avoid giving FIR, stating that investigation is in progress. YET several instances are available that Media gets FIR copy immediately and is discussed on TV channels.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Decesion by Supreme Court

(i) It is mandatory under section 154 of the Code to get a FIR registered, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.


Exemption under Section-8(1)(h) of the RTI Act. ... Section 8(1)(h) of the RTI Act exempts disclosure of information which would impede the process of investigation or apprehension or prosecution of offenders.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

FIR is not part of investigation you can get the same from court also through certified copy

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

the accused person is entitled to get a copy of the FIR. 

Indian Citizen are also entitled to copy of FIR under RTI . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you have locus standi in the said FIR then only you can get copy of FIR.

Either you are complainant or accused then only you can get copy of FIR.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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