1988 (11) TMI 361 - HC - Indian Laws

Accused entitled to FIR copies before final report, emphasizing rights and information disclosure.

Selvanathan Versus State

The judgment concluded that the accused is entitled to certified copies of the FIR even before the final report is forwarded to the Magistrate, upon ... - Issues Involved:1. Entitlement of the accused to certified copies of various documents before the police report is forwarded to the Magistrate.2. Definition and significance of the First Information Report (FIR).3. Legal provisions and judicial interpretations regarding the accused's right to obtain copies of the FIR and other documents.4. The impact of Article 22(1) of the Constitution and Section 50 of the Code on the accused's rights.5. The accused's right to copies of remand reports, complaints made at the time of remand, and orders passed thereon.6. The accused's right to copies of inquest reports, statements recorded under Section 174 of the Code, post-mortem certificates, requisitions for post-mortem, rough sketches of the scene, and observation mahazars.7. The accused's right to a copy of the affidavit of the investigating officer requesting police custody.Detailed Analysis:1. Entitlement of the Accused to Certified Copies of Various Documents:The core issue revolves around whether the accused is entitled to certified copies of the FIR, remand reports, inquest reports, and other documents before the police report is forwarded to the Magistrate under Section 173(2) of the Code. The judgment explores the legal provisions, judicial interpretations, and constitutional mandates affecting this entitlement.2. Definition and Significance of the First Information Report (FIR):The judgment defines the FIR as 'information recorded under Section 154 of the Code,' which must be related to the commission of a cognizable offense, given to an officer in charge of a police station, reduced to writing, read over to the informant, signed by the informant, and entered in a book prescribed by the State Government. The FIR is crucial for obtaining early information regarding alleged criminal activity and recording circumstances before embellishment.3. Legal Provisions and Judicial Interpretations:The judgment reviews various legal provisions and judicial interpretations, including:- Section 173(4) of the old Code, which required furnishing copies of the FIR and other documents to the accused before the commencement of inquiry or trial.- Section 207 of the new Code, which shifts the duty of furnishing these copies to the Magistrate.- Judicial precedents, such as the Full Bench decision in State of Madras v. G. Krishnan, which held that the accused's right to obtain copies before the filing of the charge-sheet is taken away by implication of Section 173(4) of the old Code.- The judgment concludes that the accused is entitled to a copy of the FIR even before the final report is forwarded to the Magistrate on application and payment of charges.4. Impact of Article 22(1) of the Constitution and Section 50 of the Code:Article 22(1) of the Constitution mandates that an arrested person must be informed of the grounds for arrest and has the right to consult and be defended by a legal practitioner. Section 50 of the Code complements this by requiring the police officer to communicate full particulars of the offense for which the person is arrested. The judgment emphasizes that the accused must be informed of the grounds for arrest in writing to avoid disputes and ensure compliance with constitutional mandates.5. Right to Copies of Remand Reports, Complaints, and Orders:The judgment discusses the practice of submitting remand reports and the statutory provisions under Sections 167 and 309 of the Code. It concludes that the accused is not entitled to a copy of the remand report due to the statutory prohibition under Section 172(3) of the Code. However, the accused is entitled to copies of judicial orders made on the remand report and any complaints made by the accused at the time of remand, on application and payment of charges.6. Right to Copies of Inquest Reports, Statements, Post-Mortem Certificates, and Other Documents:The judgment analyzes the statutory provisions and judicial interpretations regarding inquest reports, statements recorded under Section 174, post-mortem certificates, requisitions for post-mortem, rough sketches, and observation mahazars. It concludes that the accused is not entitled to certified copies of these documents before the final report is forwarded to the Magistrate under Section 173(2) of the Code.7. Right to a Copy of the Affidavit of the Investigating Officer:The judgment addresses the issue of whether the accused is entitled to a copy of the affidavit of the investigating officer requesting police custody. It concludes that the accused is entitled to a copy of the affidavit and the order passed thereon after the order is made, on application and payment of charges.Conclusion:The judgment provides a comprehensive analysis of the legal provisions, constitutional mandates, and judicial interpretations regarding the accused's entitlement to certified copies of various documents in criminal proceedings. It emphasizes the importance of ensuring the accused's rights to information and legal representation while balancing the need to protect the integrity of the investigation process.