charge-sheet-copy-rti
Table of Contents
Charge-Sheet Copy RTI — §173(2) CrPC + RTI route (2026)
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.
Related reading
Sources
- RTI Act, 2005 — full text.
- Citation chain in body.
- Citizen Charter of the relevant authority.
- Case-law database at /cases/search.
Last reviewed: 23 April 2026.
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charge-sheet-copy-rti.txt · Last modified: by 127.0.0.1


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