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How to obtain copy of FIR


06-Jun-2023 (In Criminal Law)
IF person "A " filled Wrong/ False F.I.R against Person " B " who is innocent. The police favor/support to person A. Also person "A" had wrong medical report and wrong witness of persons. The police not investigation the case. Also person " B " not know which type person " A" F.I.R against him. when person " B " asked to police to know about F.I.R copy. The police not give him F.I.R copy also not provide any information against him and which type the matter. The police said that they provide copy only court. So, Person "B" what to DO??? what action he take against person "A" and the police. kindly help me. As soon as possible. also know if any person give false witness against. then if proof that he is lie. Than court will punish that Wrong witness or not.
Answers (1)

Answer #1
733 votes
Hi,

there are several judgments of the High Courts holding that FIR is a “public document” within the meaning of Section 74 of the Evidence Act. Therefore, as required under the provisions of Section 76 of the Evidence Act, certified copy of the FIR has to be given to the accused person on his request on payment of the applicable legal fees by every public officer (such as the officer in charge of the police station) having the custody of such document. In this regard, decision of the Allahabad High Court in Shyam Lal v. State of U.P., 1998 Crl. L.J. 2879; decision of the Karnataka High Court in Chnnappa Andanappa Siddareddy v. State, 1980 Crl. L.J. 1022; and decision of the Bombay High Court in Mohammed Khalid Shaikh v. State of Maharashtra [Criminal Application No. 709 of 2010 decided on 4 March 2010]; decision of the Delhi High Court in Court on its own motion v. State [WP (Crl.) No. 468/2010 decided on 6 December 2010], may be seen.
Moreover you can search the FIR online on the portal of Police.

Onus of proving B Guilty is upon A.
If witness is planted/fraud or liar and that is proved Judge can take action against such witness, but generally they dont .

Thanks

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