PIL filed in Supreme Court for providing copy of FIR to accused within 24 hours of filing

A PIL has been filed in the Supreme Court to direct the Centre to issue orders to provide copy of FIRs through electronic and physical means to the accused within 24 hours of filing, in view of prevailing Covid-19 pandemic.

In his plea, Kolkata-based social activist, Avishek Goenka said the top court's direction issued in Youth Bar Association Versus Union of India (2016) for making available copy of FIR to accused required reconsideration in view of the current situation.

Under the provisions of Disaster Management Act, the central government can issue mandatory directions to state government on providing a copy of the FIR along with a copy of the complaint, to accused persons in a time bound manner, he said.

In 2016, the Supreme Court had directed for providing of a copy of the FIR to the accused within 24 hours. The application in this regard can be made before the concerned police station or the magisterial court.

"With the closure of courts of jurisdictional magistrate due to pandemic, the accused persons are left in lurch and are at mercy of the police for the copy of FIR along with a copy of the complaint. Non-availability of a copy of FIR along with a copy of the complaint, effectively curbs the fundamental rights of such persons," Goenka pointed out.