# Charge sheet: RTI: Whether a public document?

- Link: https://section1.in/charge-sheet-rti-whether-a-public-document/
- Published: 2023-01-21T10:16:34+00:00
- Author: Ramprakash Rajagopal

Contents

 * [Party](https://section1.in/charge-sheet-rti-whether-a-public-document/#party)

1. By way of this petition under Article 32 of the Constitution of India the petitioner
has prayed for appropriate directions/orders directing the respondents – States 
to enable free public access to chargesheets and final reports filed as per Section
173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’)
in furtherance of the rationale as established by this Court in **Youth Bar Association
of India v. Union of India, (2016) 9 SCC 473** on their websites.

xxx

4.2 Even the relief which is sought in the present writ petition directing that 
all the challans/chargesheets filed under Section 173 Cr.P.C. shall be put on public
domain/websites of the State Governments shall be contrary to the Scheme of the 
Criminal Procedure Code. As per Section 207 Cr.P.C. 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 under Section 154 Cr.P.C. and the
statements recorded under sub-Section 3 of Section 161 Cr.P.C.

xxx

4.5 Therefore on conjoint reading of Section 173 Cr.P.C. and Section 207 Cr.P.C.
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.
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.

5. Now so far as the reliance placed upon on Sections 74 & 76 of the Evidence Act
is concerned, the reliance placed upon the said provisions are also absolutely misconceived
and misplaced. 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. 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.

6. Now so far as the reliance placed upon Section 4 of the RTI Act is concerned,
under Section 4(2) of the RTI Act a duty is cast upon the public authority to take
steps in accordance with the requirements of clause (b) of sub- Section 1 of Section
4 of the RTI Act to provide as much information suo moto to the public at regular
intervals through various means of communications. 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. Under the circumstances also the reliance placed upon Section
4(1)(2) of the RTI Act is also misconceived and misplaced.

7. In view of the above and for the reason stated above, the petitioner is 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 Cr.P.C.

##### **Party**

Saurav Das vs Union Of India & Ors – Writ Petition (Civil) No. 1126 Of 2022 – January.
20.2023

**[Saurav Das vs. U.O.I 39129_2022_4_1518_41177_Judgement_20-Jan-2023](http://localhost:8080/section1/wp-content/uploads/2023/01/Saurav-Das-vs.-U.O.I-39129_2022_4_1518_41177_Judgement_20-Jan-2023.pdf)**

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