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Youth Bar Association v. Union of India

Youth Bar Association v. Union of India — RTI Wiki

Quick Reply: FIRs must be uploaded on the police website, or the State Government website if there is none, within 24 hours of registration. That can stretch to 48 hours for connectivity or other unavoidable difficulty, and to 72 hours at the outside, but only for connectivity problems due to geographical location. Sensitive categories are excepted.

Youth Bar Association of India v. Union of India (Supreme Court of India, 7 September 2016) (2016) 9 SCC 473, Writ Petition (Criminal) No. 68 of 2016, is not an RTI Act ruling. It is an Article 32 criminal-procedure direction, listed here because it delivers by court order the kind of routine police disclosure citizens otherwise chase through RTI. A two-judge bench (Dipak Misra and C. Nagappan JJ) directed that copies of FIRs be published on police or State Government websites within 24 hours of registration.

Holding

Copies of FIRs must be uploaded within 24 hours of registration on the police website, or on the State Government website where the police have none.

Ratio

Every State must upload First Information Reports on the police website, or the State Government website if there is none, within 24 hours of registration. The time may be extended to 48 hours for connectivity problems due to geographical location or other unavoidable difficulty, and to a maximum of 72 hours for connectivity problems due to geographical location alone. Sensitive FIRs are excepted, namely sexual offences, offences pertaining to insurgency, terrorism and that category, and offences under the POCSO Act. The Court stressed that these examples are illustrative and not exhaustive, and that 'sensitive' also takes in privacy, judged by the nature of the FIR.

Section(s) applied

Practitioner takeaway

Public upload of FIRs mandated; sensitive categories excepted.

Citation

Why this case matters for citizens

This ruling sits in the RTI Wiki Case-law Database as a companion to the RTI route, not as RTI authority: it is a criminal-procedure ruling and belongs in an application to a Magistrate or a High Court, not in a §19(1) First Appeal or §19(3) Second Appeal. Use RTI to obtain the record, and use this ruling in the criminal court.

Citizen action steps if your own RTI is being refused on similar grounds

  1. Day 30 — silence by PIO = deemed refusal under §7(2). File §19(1) First Appeal in 30 days using First Appeal Builder.
  2. Day 60-90 — if FAA also refuses, file §19(3) Second Appeal to the State Information Commission (or CIC for central authorities).
  3. Beyond 18 months pending — writ petition under Article 226 to the High Court.
  4. Parallel CPGRAMS complaint at pgportal.gov.in for service-delivery push.

Citing this ruling in your appeal

Use our Citation Formatter to format the citation correctly. Pair with Bhagat Singh v. CIC (2007) (procedural objections) and Adesh Kumar v. UoI (2014) (irrelevance is not a ground) — these two Delhi HC rulings cover most everyday refusal scenarios.