Source: The Hindu

Introduction

The 22^nd Law Commission of India, headed by Justice Ritu Raj Awasthi, recommended an amendment to Section 154 of The Code of Criminal Procedure, 1973 (CrPC) in its 282nd report. The Law Commission promoted e-FIR and gave recommendations for its registration procedure, which is a step towards India's progressive Digital India mission and National eGovernance Plan.

What is an eFIR?

• About:
  • An e-FIR is an electronic version of this report, which means it can be filed online or through electronic means.
  • The introduction of e-FIR systems aims to make the process more efficient and accessible by allowing people to register complaints with the police through online platforms.
• Status of e-FIR under Crime and Criminal Tracking Network and Systems (CCTNS):
• The National Crime Record Bureau (NCRB) commenced the CCTNS project under which 8 states have implemented registration of e-FIR.
• 8 states allow registration of certain offences as mentioned below:
  • Delhi: Property Theft Case, Motor Vehicle (MV) Theft Case
  • Gujarat: Mobile Theft, Vehicle Theft
  • Karnataka: Reporting of Stolen Vehicles
  • Madhya Pradesh: In cases of vehicle theft up to 15 lakh or general theft up to one lakh.
  • Odisha: Citizen can lodge FIR electronically for MV Theft Cases in the following Circumstances:
    • Unknown Accused
    • Not involved in Crime (Vehicle should not be involved in any Crime. Complaint shall give mandatory self-certification that the vehicle is not involved in any crime at the time of filing of e-FIR).
    • Not traced (Vehicle should not have been recovered till the filing of e-FIR. Complainant shall give mandatory self-certification to this effect. There shall be provision for verification of vehicle information from Vahan/Sarathi applications.)
    • No injury
• Rajasthan: Vehicle theft
• Uttar Pradesh: For unknown accused cases
• Uttarakhand: For unknown accused cases

What are the Recommendations of the Report?

• In cases where the accused is not known, registration of e-FIR should be allowed for all cognizable offences as per Section 154 of CrPC.
• Where the accused is known, as a preliminary step, registration of e-FIRs may be allowed for all cognizable offences wherein the punishment prescribed under the Indian Penal Code, 1860 (IPC) and other laws for the time being in force, is up to three years.
• States may expand the list of offences for which e-FIR may be registered in future, if the working of registration of e-FIR turns out to be effective.
• Registration of e-Complaint should be allowed for all non-cognizable offences as per Section 155 of CrPC.
• eVerification of complainant or informant is recommended to be done using e-authentication techniques.
  • This can be achieved by verifying mobile numbers through OTP for the purpose of registering e-FIR/e-Complaint and mandating the uploading of valid ID proof like Aadhaar or any other Government approved ID.
• A minimum punishment of imprisonment and fine should be inflicted for false registration of e-complaints or e-FIR.

What is the Procedure Recommended for e-FIR in the Report?

• Step 1:
  • Police Officer will check the details as provided on the Centralized National Portal (CNP) by the Informant and check whether any Cognizable Offence, attracting punishment up to 3 years (as prescribed under the IPC and other special laws lor the time being in force) has been committed or not.
• Step 2:
  • In case of Cognizable Offences punishable up to 3 years:
    • The Police Officer will register the said information by filing it in the prescribed format provided in Annexure-C, mentioning all the relevant details including the Statute involved, Provisions of law, Place of Cause of Act, Time, etc. (within 3 days)
  • In case of Cognizable Offences punishable above 3 years:
    • The Police Officer will follow procedure as mentioned under Section 154 of CrPC. (within 3 days)
  • In case of Non-Cognizable Offences:
    • The Police officer will not register the information as e-FIR and give the reasons for the same in writing. The reasons shall also be uploaded on the CNP under the tab 'STATUS'.
    • Where a Non-Cognizable Offence is committed, the Police will proceed as per Section I55 of the CrPC.
• Step 3:
  • The Police Officer registering the information in the prescribed FIR format will inform the informant (via text on the mobile or using any other electronic mode and on the portal, under the tab 'STATUS').
    • The signature of the informant is required to be made within 3 days.
• Step 4:
  • Signed information withing prescribed timeline will be considered as registered however the Police Officer will not register a not-signed e-FIR and it will be deleted from CNP.

Conclusion

The recommendations put forth in the report reflect a forward-looking approach toward leveraging technology to modernize and improve the criminal justice system. If implemented effectively, these measures have the potential to not only expedite the reporting of crimes but also enhance the overall accessibility and reliability of the justice delivery system in India. The move towards digital FIR registration aligns with global trends in leveraging technology for a more responsive and accountable legal framework.