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2026 DAILYLAW 53597 (MAD)

G. Chidambaram v. Chief Secretary, Government of Tamil Nadu

2026-04-20

M Jothiraman, N Sathish Kumar

body2026
ORDER : 1. The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents to restore online public access to FIRs, except, in cases relating to offences, against women, sexual offences and SC/ST Act under the CCTNS 2.O systems, based on the petitioner's representation dated 04.04.2026. 2. Learned counsel for the petitioner would submit that previously FIRs registered by the Tamil Nadu Police except those relating to offences against women, sexual offences and SC/ST Act, were accessible through online to the public. However, after the implementation of CCTNS 2.0 project, public access to view FIRs is barred and at present FIRs are accessible only to complainant and investigating officer, due to which, advocates and litigants are unable to access FIR details which causes considerable delay in approaching the courts for legal remedies including anticipatory bail. 3. Learned Additional Advocate General appearing for the 1 st respondent would submit that as per CCTNS 1.0 Application, till 26.02.2026, any citizen can download an FIR, for which, they must enter their mobile number and verify it using OTP to view the FIR. Only FIRs registered on or after 14.11.2016 are available under 'view FIR' option. On 26.02.2026, CCTNS 2.0 portal (Crime and Criminal Tracking Network and Systems) was launched in Tamil Nadu police, as per which, citizens must register one time by giving their basic details such as, name, date of birth, mobile number etc., to obtain user credentials for certain services such as, view FIR, FIR status, CSR status and paid services. After the said one time registration, any FIRs that are registered on or after 14.11.2026 are available under the 'view FIR'. He would also submit that the Hon'ble Supreme Court in Youth Bar Association of India vs. Union of India and another, (2016) 9 SCC 473 , has set out various guidelines in the subject matter. 4. Heard both sides and perused the record. 5. As far as uploading of FIRs is concerned, the Apex Court in Youth Bar Association of India's case (supra) has issued the following directions: ''11. Having heard learned counsel for the parties, we think it appropriate to record the requisite conclusions and, thereafter, proceed to issue the directions:- 11.1. An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C. 11.2. Having heard learned counsel for the parties, we think it appropriate to record the requisite conclusions and, thereafter, proceed to issue the directions:- 11.1. An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C. 11.2. An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours. 11.3. Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C. 11.4. The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location. 11.5. The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. 11.5. The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate. 11.6. The word 'sensitive' apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive. 11.7. If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C. 11.8. In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police who shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person. 11.9. The competent authority referred to hereinabove shall constitute the committee, as directed herein-above, within eight weeks from today. 11.10. In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused/his authorized representative/parokar to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned Court not beyond three days of the submission of the application. 11.11. The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016. 12. 11.11. The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016. 12. Let a copy of this order be sent to all the Home Secretaries and the Director Generals of Police of the States concerned. 13. The writ petition is, accordingly, disposed of.'' 6. Now it is the only concern of the State Government is that in view of the direction at 11.4 (supra) that the accused or any other person connected with the same can download the FIR, all the persons are accessing the online FIRs which according to the learned Additional Advocate General, creates some problem. 7. It is relevant to extract below Section 173 of Bharatiya Nyaya Sanhita, 2023 : "Section 173. 7. It is relevant to extract below Section 173 of Bharatiya Nyaya Sanhita, 2023 : "Section 173. Information in cognizable cases: (1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be videographed; (c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. (3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence, (i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case. (4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.'' 8. Sub-clause (2) of Section 173 of BNSS makes it clear that a copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. Therefore, the meaning of the word 'any other person connected with the same' finds place in the above direction of the Supreme Court, in our view, is only informant/complainant or the victim of the crime. In the said judgment, the Apex Court has also held that even prior to issuance of FIR copies as prescribed under Section 207 Cr.P.C., an accused is entitled to get copy of FIR. It is also relevant to extract below Rule 231 of the Criminal Rules of Practice 2019 : 231. Grant of certified copies of other documents? In the said judgment, the Apex Court has also held that even prior to issuance of FIR copies as prescribed under Section 207 Cr.P.C., an accused is entitled to get copy of FIR. It is also relevant to extract below Rule 231 of the Criminal Rules of Practice 2019 : 231. Grant of certified copies of other documents? (1) Certified copies of the following documents shall be given to the accused on payment of necessary charges, before the filing of the final report (charge sheet) by the police? (i) Orders made on the remand report. (ii) Affidavit filed by the police officer for police custody of the accused and the orders passed by the Magistrate thereon. Until the Magistrate passes the order for police custody, the accused is not entitled to a copy of that affidavit. (iii) The accused, notwithstanding the communication of the full particulars in writing at the time of arrest or subsequent thereto, is entitled to a copy of the First Information Report even before the final report (charge sheet) is forwarded to the Magistrate under sub-section (2) of section 173 of the Code on application and on payment of charges. The accused is not entitled to certified copies of the inquest report, statements recorded under section 174 of the Code, post-mortem certificate, requisition by the police officer to the Medical Officer for conducting post-mortem and medically treating the injured, wound certificate, rough sketch of the scene of occurrence and observation mahazar prepared by the investigating officer before the final report (charge sheet) is filed. (2) On the same principle, the statements of witnesses recorded under section 161 of the Code and copies of wound certificates shall not be given to the accused until the final report (charge sheet) is filed by the police. (3) Certified copies of photocopies of unmarked documents shall not be given.'' 9. The above rule also makes it clear that only few documents can be given by furnishing copies to the accused. 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 is required copy of FIR, he/she may approach the concerned Magistrate's Court seeking certified copy of FIR as per law. 10. With the above observations, the Writ Petition is disposed of.