Madras HC: Public Cannot View FIRs as a Matter of Right
Madras HC: Public Cannot View FIRs as a Matter of Right

The Madras High Court has ruled that except for the accused and the victim, the general public cannot claim the right to view First Information Reports (FIRs). The court denied relief to an advocate who sought a direction to restore online public access to FIRs on the Crime and Criminal Tracking Network and Systems (CCTNS) 2.0 web portal.

Petition and Background

The petitioner, advocate G Chidambaram from Tirunelveli district, argued that previously, FIRs registered by Tamil Nadu police—excluding those related to offences against women, sexual offences, and the SC/ST Act—were accessible online to the public. However, after the implementation of the CCTNS 2.0 portal, public access to view FIRs was barred, and only the complainant and investigating officer could access them. This, he contended, caused considerable delays for advocates and litigants in approaching courts for legal remedies, including anticipatory bail.

State's Submission

The state government submitted that after the launch of the CCTNS 2.0 portal on February 26, citizens must register once by providing basic details such as name, date of birth, and mobile number to obtain user credentials for services like viewing FIRs, checking FIR status, and CSR status. For FIRs registered on or after November 14, 2026, the 'View FIR' option is available after one-time registration. The state also referred to various guidelines set by the Supreme Court on the matter and argued that granting public access to FIRs creates certain problems.

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Court's Observation

A division bench comprising Justices N Sathish Kumar and M Jothiraman observed that sub-clause (2) of Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) clearly states that a copy of the information recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. The bench noted: "Therefore, the meaning of the words 'any other person connected with the same' as found in the direction of the Supreme Court, in our view, is only the informant/complainant or the victim of the crime. In the judgment, the apex court also held that even prior to issuance of FIR copies as prescribed under Section 207 CrPC, an accused is entitled to get a copy of FIR."

Verdict

The judges concluded: "Therefore, other than the accused and the victim, we are of the view that the public as a matter of right cannot view the FIRs. If any third party requires a copy of FIR, he/she may approach the concerned magistrate court seeking a certified copy of FIR as per law." The court disposed of the petition with these observations.

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