Before proceeding further as to determine whether the FIR is lodged against you, it is imperative we know what FIR is-
FIR stands for First Information Report which refers to a document prepared by police upon receiving the information of commission of cognisable crime, which can be lodged by the aggrieved person or anyone on his behalf. It is only on the basis of FIR that police conducts its investigation. It is mandatory for the police to file an FIR under section 154 of the code of criminal procedure, 1973 if the information received by the officer discloses a cognisable offence.
Proceeding further as to how can you know whether the FIR is lodged against you?
There is two ways to ascertain whether the First Information Report is lodged against you or not-
Firstly there is no legal provision as to said subject which deals with informing accused of First information Report to be or being filed against him. If the accused has any suspicion or clue that First information Report to be or being filed against him, then accused can approach concerned police station having jurisdiction to discover the same and police is bound to disclose such information to him.
Generally, if a First Information Report is filed against an accused then accused is summoned, called upon, arrested or approached for enquiry and investigation, depending upon the degree of offence, suitable action is undertaken by police. It is very unlikely that no such action i.e summoned, called upon, arrested or approached for enquiry and investigation, is undertaken by police post the registration of First Information Report.
Secondly, if the police decline to furnish such information to the accused, the accused is at the liberty and within its rights to file an RTI under Right to Information Act, 2005, which is a fundamental right recognized by the judiciary under Article 19(1)(a) and 21 of the constitution. This legislation entitles every citizen to have access to information controlled by public authorities. Under the Act, it is obligatory upon the authority to provide information and maintain records consistent with its operational needs. The object of the Act is to promote openness, transparency and accountability in administration.[1]
Article 21 of the constitution confers every citizen, right to know and receive information. It empowers everyone to Seek and receive information from the government and other public authorities. In Secretary-General, Supreme Court of India Vs. Subhash Chandra Agarwal[2], the Delhi High Court held as follows – The source of right to information does not emanate from Right to Information Act. It is a right that emerges from constitutional guarantee under 19(1)(a) as held by the Supreme Court in a catena of decisions. The Right to Information Act is not the repository of the right to information. Its repository is the constitutional right guaranteed under Article 19(1)(a). Over the years, the Supreme Court has consistently ruled in favour of the citizen’s right to know. The nature of this right and the relevant restrictions thereto, has been discussed by the Supreme Court in a number of cases. [3]In Bennett Coleman[4], the right to information was held to be included within the right to freedom of speech and expression guaranteed by Art. 19(1)(a). Similarly in S.P Gupta[5], the right of the people to know about every public transaction undertaken by public functionaries was described.[6]
There are abundant Supreme Court and High Court authorities in this regard stating that right to receive information and right to know are inalienable right, deprivation of which goes against the mandate of constitutional law. On the conspectus of the above stated matter it can be inferred that right to know and right to receive information is a constitutional mandate implied under article 19(1)(a) and 21 of the constitution.
Therefore it can be said that accused is also bestowed with the right to know and receive information with regard to the determination whether First Information Report is lodged against him or not? Police being a public authority comes under the purview of Right to Information Act, 2005, therefore, victim has the constitutional right that in case police declines to produce information with regard to the First Information Report to be or being filed against him against the accused, he will be at liberty and well within his right to file a RTI so as to determine the same.
[1] Constitutional Law of India by Dr. J.N Pandey, 53rd Edition, Pg. 190
[2] AIR 2010 Del. 159 (FB)
[3] Dheeraj Mani – Vth Year Law Student Symbiosis Society’s Law College
[4] 1973 AIR 106
[5] (1982) 2 S.C.R. 365
[6] Dheeraj Mani – Vth Year Law Student Symbiosis Society’s Law College
This article is authored by Devashish Tiwari, student of BBA LLB at JIMS, School Of Law.
Also Read – What to do If Police Refuse to Register an FIR?
