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Charge-Sheet Copy RTI — §173(2) CrPC + RTI route (2026)

Charge-Sheet Copy RTI — §173(2) CrPC + RTI route (2026)

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02 · 0 Comments

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, 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.

  • 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.

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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