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The Supreme Court directed the Ghaziabad Police to give independent journalist Abhishek Upadhyay a copy of the FIR and CCTV footage in a road-rage case registered against him.
A Bench headed by Chief Justice of India Surya Kant also protected him from coercive action and asked the Police Commissioner to file a compliance report by 7 September.
The Bharatiya Nagarik Suraksha Sanhita, 2023 requires an FIR copy to be given forthwith only to the informant or victim, not to the accused.
Section 230 of the BNSS requires the magistrate to supply the accused copies of prosecution documents within 14 days of appearance before the court.
Judicial precedent, chiefly Youth Bar Association of India v. Union of India (2016), fills the gap by requiring FIRs to be uploaded online within 24 hours.
Requires a copy of the information recorded to be given forthwith and free of cost, but only to the informant or the victim. The accused is not covered.
Requires the magistrate to furnish the accused with copies of the prosecution documents, including the FIR and the chargesheet, within 14 days of the accused's appearance or production before the court. This is the successor to Section 207 of the CrPC.
The BNSS is silent on whether an accused may obtain the FIR at any earlier stage, including while the investigation is still running. That silence is what judicial precedent has had to fill.
Court on its Own Motion v. State (Delhi High Court): laid down a mechanism for an accused to obtain the FIR during investigation, and directed Delhi Police to upload FIRs online within 24 hours of registration, with sensitive offences exempted by a reasoned decision of an officer not below the rank of DCP.
Rama Nand Rathore v. State of Himachal Pradesh (Himachal Pradesh High Court): held that a person who suspects being named in an FIR may seek a certified copy, which police must supply within 24 hours, and mandated online publication in the same period barring sensitive cases.
Youth Bar Association of India v. Union of India (Supreme Court): extended these directions across the country, reiterating that an accused is entitled to the FIR before the Section 207 CrPC, now Section 230 BNSS, stage.
The Supreme Court directs the Ghaziabad Police to supply an FIR copy and CCTV footage, with a compliance report due on 7 September.
GS Paper 2 > Polity and Governance > Structure and functioning of the judiciary; protection of rights of the accused
General Awareness > Indian Polity and Laws
General Awareness > Current Affairs
Which of the following changes has Bharatiya Nagarik suraksha Samhita (BNSS) brought to criminal procedure?
Answer: Video-recorded confessions
Which section of Bharatiya Nagarik suraksha Samhita(BNSS) mandates video-recording of search and seizure operations?
Answer: Section 105
First Information Report, the document recording information about a cognizable offence, which sets the criminal law in motion.
The provision requiring the magistrate to supply the accused copies of the prosecution's documents within 14 days of appearance; successor to Section 207 CrPC.
The carve-out from online publication of FIRs recognised in the 2016 Supreme Court judgment, covering sexual offences, POCSO cases and terror offences, among others.