Charge-Sheet Copy RTI — §173(2) CrPC + RTI route (2026)
⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →
The investigating officer has filed final report under §173(2) CrPC but you have not been given the charge-sheet copy. §207 CrPC entitles the accused to a free copy. RTI is the enforcement route.
Why this RTI works
Section 207 CrPC mandates the Magistrate to furnish a free copy of the charge-sheet, FIR, statements u/s 161 and 164, and other documents to the accused as soon as cognizance is taken. Delays in copy supply are a chronic violation. RTI to the police OR the court PIO compels disclosure.
Legal framework
RTI Act, 2005 §6, §7(1), §8(1)(h) (live-investigation exemption ceases after charge-sheet).
CrPC §173(2) — police final report (charge-sheet).
CrPC §207 — Magistrate to supply free copies to accused.
Bhagat Singh v. CIC (Delhi HC, 2007) — §8(1)(h) does not survive once investigation is over.
Lalita Kumari v. UoI (SC, 2013) — FIR mandatory; charge-sheet flows from valid FIR.
RTI template — copy & file
To:
The Public Information Officer (PIO),
[Office name + address].
Subject: RTI under §6 — Charge-sheet copy in FIR No. [NO]/[YEAR], PS [NAME]
Sir/Madam,
Under the RTI Act, 2005, kindly provide:
1. Certified copy of the charge-sheet filed under §173(2) CrPC in
FIR No. [NO] dated [DATE] of PS [NAME].
2. Date of filing of the charge-sheet at the [COURT NAME].
3. Court Case Number (CC/SC No.) assigned upon cognizance.
4. List of documents annexed to the charge-sheet (Memo of Evidence).
5. Status of supply of free copies to the undersigned under §207 CrPC.
6. Whether prosecution sanction (if any required) has been obtained.
I am the [accused / complainant / informant]. My identity proof is enclosed.
§8(1)(h) is not applicable as investigation is concluded with the
filing of charge-sheet — Bhagat Singh v. CIC (Delhi HC, 2007).
Rs. 10 IPO enclosed.
Yours faithfully,
[Name]
[Address + phone + email]
[Date]
Escalation timeline
Day 31 (no reply) — First Appeal to the SP-rank FAA / Court Registrar PIO.
Day 76 — Second Appeal to the State Information Commission (SIC) of the State concerned.
Parallel — Application to the Magistrate under §207
CrPC + a contempt-of-court application if the court PIO refuses.
Parallel — Approach the District Legal Services Authority (DLSA) for free legal aid; they often expedite copy supply.
Case law anchors
Bhagat Singh v. CIC (Delhi HC, 2007) — §8(1)(h) does not survive once investigation is concluded. Charge-sheet copy is disclosable.
Lalita Kumari v. UoI (SC, 2013) — Constitution Bench — FIR registration is mandatory; charge-sheet is the natural follow-up.
Vinubhai Haribhai Malaviya v. State of Gujarat (SC, 2019) — Magistrate has continuing supervisory role over investigation; charge-sheet supply is judicially enforceable.
Common mistakes
Filing RTI before charge-sheet is filed — §8(1)(h) exemption will apply.
Asking for case-diary (separate exemption — not disclosable to accused).
Filing to the wrong PS — must be the PS that registered the FIR.
Forgetting to attach identity proof — police will refuse on 'who are you' ground.
Asking for prosecution sanction file noting — that is internal deliberation, often partially exempt.
Frequently asked questions
I am the complainant, can I get the charge-sheet?
Yes — complainants have standing as 'persons interested' under §439 CrPC; RTI route is also valid.
Can §8(1)(h) be invoked?
No — Bhagat Singh v. CIC settled that §8(1)(h) protection ceases on filing of charge-sheet.
What if police say file is with court?
Then file RTI to the Court Registrar (court PIO). Both have parallel custody.
Sources
Last reviewed: 23 April 2026.