charge-sheet-copy-rti
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| + | {{htmlmetatags> | ||
| + | metatag-description=(Police filed charge-sheet but accused/ | ||
| + | metatag-title=(Charge-Sheet Copy RTI — §173(2) CrPC + RTI route (2026))}} | ||
| + | ====== Charge-Sheet Copy RTI — §173(2) CrPC + RTI route (2026) ====== | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | {{page> | ||
| + | |||
| + | <WRAP info> | ||
| + | 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, | ||
| + | |||
| + | ===== 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]/ | ||
| + | |||
| + | 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; | ||
| + | |||
| + | |||
| + | ===== 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, | ||
| + | |||
| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== I am the complainant, | ||
| + | |||
| + | Yes — complainants have standing as ' | ||
| + | |||
| + | ==== 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. | ||
| + | |||
| + | |||
| + | |||
| + | ===== Related reading ===== | ||
| + | |||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[:faq|RTI — 25 questions answered]] | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | * RTI Act, 2005 — full text. | ||
| + | * Citation chain in body. | ||
| + | * Citizen Charter of the relevant authority. | ||
| + | * Case-law database at [[: | ||
| + | |||
| + | //Last reviewed: 23 April 2026.// {{tag> | ||
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