Background
Overview
This concept highlights the interplay between statutory law and judicial interpretation in safeguarding fundamental rights, particularly the right to a fair trial. It demonstrates the judiciary's role in filling legislative gaps and ensuring transparency in the criminal justice system, which is critical for governance and rule of law. The recent enactment of BNSS makes this topic even more current and relevant for UPSC.
The right of an accused person to obtain a copy of the First Information Report (FIR) soon after its registration is a crucial aspect of criminal jurisprudence, ensuring transparency and enabling the accused to prepare their defence. While statutory provisions like the Bharatiya Nagarik Suraksha Sanhita (BNSS) primarily mandate providing FIRs to informants/victims and later to the accused after a chargesheet, judicial precedents have established the accused's right to early access, often linking it to principles of natural justice and the right to a fair trial.