FIR from police

Hello,

Assuming your query is regarding handing over the FIR copy to the accused,The First Information Report (FIR) is registered by the police under the provisions of Section 154 of the Criminal Procedure Code (Cr.P.C.). Section 154(2) of the Cr.P.C. requires that a copy of the FIR should be given to the informant immediately after its registration; this provision is reproduced below:

“(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.”

FIR is a “public document” within the meaning of Section 74 of the Evidence Act. Therefore, as required under the provisions of Section 76 of the Evidence Act, certified copy of the FIR has to be given to the accused person on his request on payment of the applicable legal fees by every public officer (such as the officer in charge of the police station) having the custody of such document. In this regard, decision of the Allahabad High Court in Shyam Lal v. State of U.P., 1998 Crl. L.J. 2879; decision of the Karnataka High Court in Chnnappa Andanappa Siddareddy v. State, 1980 Crl. L.J. 1022; and decision of the Bombay High Court in Mohammed Khalid Shaikh v. State of Maharashtra [Criminal Application No. 709 of 2010 decided on 4 March 2010]; decision of the Delhi High Court in Court on its own motion v. State [WP (Crl.) No. 468/2010 decided on 6 December 2010], may be seen.

Thank you