The Hon’ble Supreme Court while dealing with a Public Interest Litigation has held that Chargesheets cannot be published on police or government websites for public viewing on par with FIRs as it may violate the rights of the accused, victim and investigation agencies. Additionally, it was held that the chargesheet / documents along with the chargesheet cannot be said to be public documents under Section 74 of the Evidence Act.
The petitioners therein have heavily relied on the judgment of the Apex Court in Youth Bar Association of India v. Union of India where, it had directed copies of FIRs to be published within 24 hours of their registration on the police websites or the websites of the State Governments. The Hon’ble supreme court had observed that the FIR and the Chargesheet cannot be considered on the same footing and that previously, the FIR Was ordered to be published to ensure that the Accused is not taken by surprise.
