FIR is easily available. but can be denied to unrelated person. Local lawyer can easily arrange.
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 ?
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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.
Hello,
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.
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
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.
(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.
the accused person is entitled to get a copy of the FIR.
Indian Citizen are also entitled to copy of FIR under RTI .