16 Nov 2023 11:32 AM GMT
The Parliamentary Standing Committee on Home Affairs, in its latest report, while reviewing the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS Bill, 2023) acknowledged the positive impact of allowing online registration of FIR(First Information Report). It noted that Section 173 in the BNSS Bill provides that information can be given electronically for cognizable offenses without any bar on the jurisdiction. On receiving such information electronically, the police officer is required to take it on record after it has been signed within three days of giving the first information.
Section 154 CrPC(Code of Criminal procedure) deals with FIR in cognizable cases which will be replaced by section 173 in BNSS Bill, 2023. It reads as follows- Every information relating to the commission of a cognizable offense, irrespective of the area where the offense is committed may be given orally or by electronic communication and if given to an officer in charge of a police station-...
(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf”
However, the committee was of the view that the method/mode of registration should be worked out by the states. If left unregulated, it would be technically and logistically challenging for the police. It would also be difficult to track and manage the multiple FIRs filed.
Accordingly, the Committee in its report recommended “There is a need to insert the words "as specified by rules" after "electronic communication" to grant the government the authority to prescribe specific modalities for electronic FIR registration.”
Moreover, Clause 173(2) states “A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.”
Acknowledging that in certain cases, the informant and victim may be distinct individuals, the Committee suggested inserting the words 'or both, as the case may be' after the existing phrase 'to the informant or the victim' in Clause 173(2).
The Committee also drew attention to the Supreme Court's directions in the 'Youth Bar Association v. Union of India 2016 SCC OnLine SC 914 case which had issued directions for providing information to the accused. It recommended that a suitable provision may be included in the Clause.
What is online FIR?
Online FIR registration refers to the process of filing an FIR through the Internet. Instead of visiting a police station in person, one can simply go to a website or a designated online platform, to report a crime or provide information to the police using his mobile/laptop.
It is different from "Uploading FIR Online" by police which refers to the subsequent step of making the filed FIR available in digital form. In these cases, the physical FIR is already registered at the police station through traditional means. It may be noted that the Supreme Court in a petition filed by Youth Bar Association in 2016 had ordered all states to upload FIRs within 24 hrs.
Current Status of e-FIR- Is it operational yet?
Presently, there is no provision for registration of e-FIR under the Code of Criminal Procedure, 1973. It is pertinent to note that the Law Commission in its 282nd report had endorsed the registration of FIR online for cases where the accused is unknown or where the accused is known and the offense carries a punishment of up to three years. It also proposed that a Centralised National Portal must be created to facilitate the registration of e-FIR.
The Crime and Criminal Tracking Network & Systems (CCTNS) initiative has made significant strides, with 8 states—Delhi, Gujarat, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand—allowing e-FIR registration.
These online portals currently serve as platforms for registering e-FIRs related to various incidents, including vehicle or property theft and the loss of important documents like PAN cards, passports, and educational certificates.
Delay in lodging FIR still a major hurdle
Section 154 of CrPC(Code of Criminal Procedure) governs how the first information about the commission of a cognizable offense(cases where police can arrest without a warrant) is recorded. In effect, FIR sets the criminal law in motion and helps track the guilty party.
In Lalita Kumari v. Government of UP (2014) 2 SCC 1, the court labeled FIRs as an "extremely valuable safeguard" against potential misuse, abuse, and illegal exercise of investigative powers by law enforcement. It outlined the following benefits of FIRs:
Push for modernization: Calls to simplify registration of FIR
The Second Administrative Reform Commission, in its 5th Report(2007) recommended that registering FIR is the 1st step and therefore unless this process is simplified, all the other reforms would only make a limited impact. It emphasized “Registration of FIRs should be made totally citizen friendly. Technology should be used to improve the accessibility of police stations to the public.”
Building on this vision, the Law Commission of India, in its 239th Report, (2012) suggested that FIRs should be recorded on computers and instantly sent to Magistrates' Courts via email and this process should get legal recognition.
Further advancing the digital frontier, the Report of the Committee on Amendments to Criminal Law headed by Justice J.S. Verma recommended that “every individual must also be able to register his complaint online on a designated website. After this, a complaint number should be automatically generated so the complainant can track the FIR.”
The Apex Court also played its part effectively by issuing directions to the States to upload every FIR registered in all the Police Stations within the territory of India on their official website in Youth Bar Association of India v. Union of India AIR 2016 SC 4136
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Report on Bharatiya Sakshya Bill here
Report on Bharatiya Nagarik Suraksha Sanhita here
Report on Bharatiya Nyaya Sanhita here.