VidhiSangh

Supreme Court of India · 20/01/2023

SAURAV DAS versus UNION OF INDIA & ORS.

[2023] 1 S.C.R. 731 · 2023 INSC 76

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A public interest petition under Article 32 sought a direction that all States publish charge-sheets and final reports under Section 173 CrPC on their websites. It relied on Youth Bar Association, which required FIRs to be uploaded. The Supreme Court dismissed the petition. The FIR direction was made to protect accused persons from surprise and harassment, and cannot be extended to the public at large. Sections 173 and 207 CrPC require copies of the report and documents to be supplied to the accused and to no one else, and publishing them could prejudice the accused, the victim and the investigation. A charge-sheet is not a public document under Section 74 of the Evidence Act, and it falls outside Section 4(1)(b) of the RTI Act.

Issues

  1. Whether the States can be directed to publish all charge-sheets and final reports filed under Section 173 CrPC on their websites for free public access.

Provisions considered

Held

Result

Writ Petition (Civil) No. 1126 of 2022 under Article 32 dismissed.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 731.