In W.P. (CIVIL) No.1126 of 2022-SC-Chargesheet or documents along with it cannot be said to be public documents u/s 74 of Evidence Act: SC turns down plea seeking free public access to chargesheets & final reports
Justices M.R. Shah & C.T. Ravikumar [20-01-2023]

Read Order: Saurav Das v. Union of India & Ors 

Tulip Kanth

New Delhi, January 21, 2023: While clarifying that copy of the chargesheet along with the necessary documents cannot be said to be public documents within the definition of Public Documents as per Section 74 of the Evidence Act, the Supreme Court has dismissed the petition whereby it was prayed that a direction be given to the States to enable free public access to chargesheets and final reports.

The petitioner had approached the Division Bench of Justice M.R. Shah and Justice C.T. Ravikumar by way of this petition under Article 32 of the Constitution asking the Top Court to direct the respondents - States to enable free public access to chargesheets and final reports filed u/s 173 of the Code of Criminal Procedure, 1973 (CrPC) in furtherance of the rationale as established by it  in Youth Bar Association of India v. Union of India on their websites.

The Petitioner’s Counsel had heavily relied upon Youth Bar Association of India Case (Supra) by which the Top Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments. 

Placing reliance upon Sections 207, 173(4) and 173(5) of the CrPC, it was vehemently submitted that when a duty is cast upon the Investigating Agency to furnish the copy of the challans/charge-sheets along with all other documents to the accused, the same also should be in the public domain to have the transparency in the working of the Criminal Justice System.

The Bench was of the opinion that the reliance placed upon Youth Bar Association of India Case (Supra) by the petitioner’s counsel was thoroughly misconceived and misplaced as in the aforesaid decision, the Court directed that the copies of the FIRs should be published within 24 hours of their registrations on the police websites or on the websites of the State Government. 

“Looking to the interest of the accused and so that the innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise. Therefore, the directions issued by this Court are in favour of the accused, which cannot be stretch to the public at large so far as the chargesheets are concerned”, the Bench held.

According to the Bench, even the relief which was sought in the present writ petition directing that all the challans/chargesheets filed under Section 173 CrPC shall be put on public domain/websites of the State Governments would be contrary to the Scheme of the Criminal Procedure Code. 

It was made clear by the Top Court that as per Section 207 CrPC a duty is cast upon the Investigating Officer to supply to the accused the copy of the police report and other documents including the First Information Report recorded u/s 154 and the statements recorded u/s161(3).

On a conjoint reading of Sections 173 & 207, the Bench noted that the Investigating Agency is required to furnish the copies of the report along with the relevant documents to be relied upon by the prosecution to the accused and to none others. 

“Therefore, if the relief as prayed in the present petition is allowed and all the chargesheets and relevant documents produced along with the chargesheets are put on the public domain or on the websites of the State Governments it will be contrary to the Scheme of the Criminal Procedure Code and it may as such violate the rights of the accused as well as the victim and/or even the investigating agency”, the Bench held.

Not only this but the Apex Court also clarified that putting the FIR on the website cannot be equated with putting the chargesheets along with the relevant documents on the public domain and on the websites of the State Governments.

Noting that documents mentioned in Section 74 of the Evidence Act only can be said to be public documents, the certified copies of which are to be given by the concerned police officer having the custody of such a public document, the Bench observed that the copy of the chargesheet along with the necessary documents cannot be said to be public documents within the definition of Public Documents as per Section 74 of the Evidence Act. 

“As per Section 75 of the Evidence Act all other documents other than the documents mentioned in Section 74 of the Evidence Act are all private documents. Therefore, the chargesheet/documents along with the chargesheet cannot be said to be public documents under Section 74 of the Evidence Act, reliance placed upon Sections 74 & 76 of the Evidence Act is absolutely misplaced”, the Bench held.

On the issue pertaining to Section 4 of the RTI Act whereby a duty is cast upon the public authority to take steps to provide as much information suo moto to the public at regular intervals through various means of communications, the Top Court asserted. “Copies of the chargesheet and the relevant documents along with the charge-sheet do not fall within Section 4(1)(b) of the RTI Act.”

Thus, with such observations, the Bench came to the conclusion that the petitioner was not entitled to the relief as prayed in the present petition, namely directing all the States to put on their websites the copies of all the chargesheets/challans filed under Section 173 of the CrPC.