If you are stuck in such a situation, here is what to do.

Mr. Verma, a resident of Janakpuri, filed a First Information Report (FIR) regarding the theft of his motorcycle. After a few months, the local police from the Janakpuri station informed him that they had concluded their investigation and filed a Final Report in the jurisdictional Magistrate’s court. Mr. Verma urgently needed a copy of this report, often referred to as an “Untraced Report” in theft cases, to proceed with his insurance claim.

The police officials at the station stated they could not provide him with any document directly and advised him to approach the court. When Mr. Verma visited the court complex and inquired at the records section, a court clerk suggested that the official process would be lengthy but an “unofficial” copy could be arranged quickly for a small “service fee.” Confused and frustrated, Mr. Verma was unsure of the correct and legal procedure to obtain a document that would detail the outcome of his case, as the only thing he possessed was a copy of the FIR he had downloaded online.

Advice in such cases

• Do not pay any bribes to court officials or police personnel. Paying a bribe is an offense, and it encourages a corrupt system.
• The police are obligated to inform you, the complainant, about the final report they have filed in court. This is your right.
• The Final Report, once submitted to the court, becomes a public document. As the complainant, you have a legal right to obtain a certified copy of it.
• The correct procedure is to file a formal application in the court where the report has been submitted.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The procedure for obtaining such documents is governed by the new criminal laws of India:

• Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section mandates that upon the completion of an investigation, the officer in charge of the police station must forward a report to the Magistrate empowered to take cognizance of the offense. This report (challan or closure report) details the findings. The BNSS also ensures that the police provide a copy of the report to the informant or victim.
• Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA): This section deals with certified copies of public documents. It establishes that any person has the right to inspect a public document and receive a certified copy from the public officer who has custody of it, upon payment of the prescribed legal fees. The police’s Final Report filed in court is considered a public document under this act.

If you are the complainant

• You are the one who initiated the criminal process by filing the FIR. You have a vested interest and a legal right to know the outcome of the investigation.
• File a formal application for a “Certified Copy” of the Final Report in the relevant Magistrate’s court. Your application should clearly state the FIR number, date, police station, and your status as the complainant.
• Attach a copy of your FIR and a government-issued identity proof with the application.
• Pay the nominal, official court fees for the certified copy. You will receive a receipt for this payment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• As a victim of the crime, you have an inherent right to be kept informed about the progress of your case, including its final outcome.
• If the police file a closure or untraced report, you have the right to challenge it by filing a “Protest Petition” before the Magistrate.
• To obtain the report, follow the same procedure as the complainant: file an application for a certified copy in the court.
• This document is crucial for you to decide on your future course of action, such as filing a protest petition or for ancillary purposes like insurance claims.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is common for police to shirk their responsibility of providing a copy of the final report directly to the complainant, even though provisions require them to do so. They often pass the buck to the courts to reduce their own administrative work. They may simply inform you that the report has been filed and that your role with them is over. In some instances, they may not even inform you, and you have to follow up proactively. This behavior forces citizens to navigate the court system, where they may encounter officials who create artificial delays to solicit bribes.

FAQs people normally have

What evidence is required?

To apply for a certified copy of the Final Report from the court, you do not need “evidence” in the traditional sense. You need to submit a set of documents to prove your standing in the case. This typically includes:

• A written application addressed to the Magistrate.
• A copy of the FIR.
• A copy of your government-issued photo ID (like an Aadhar card or driver’s license) to prove you are the complainant or victim.
• The receipt for the payment of the requisite court fees.

How long will the investigation take?

The duration of a police investigation can vary significantly depending on the complexity of the case, from a few weeks to many months or even years. However, once the police have filed the Final Report in court, the process of obtaining a certified copy is procedural. It typically takes between one to three weeks, depending on the workload of the specific court’s copying or records department. A lawyer’s assistance can often help in tracking the application and ensuring it is processed without undue delay.

Advocate Sudhir Rao, Supreme Court of India