Move towards e­FIR, but with caution

Move towards e­FIR, but with caution

Subject :Polity

Section: Msc

Context:

• The Law Commission of India, in Report No. 282, recommended that “in cases where the accused is not known, registration of an e­FIR should be allowed for all cognisable offences”. 
• If the accused is known, as a preliminary step, registration of an e­FIR may be allowed for cognisable offences wherein the punishment provided under the Indian Penal Code (IPC) and other laws is up to three years.

Recommendations from law commissions report

• e-FIR Recommendation: Proposal for e-FIR registration in all cognizable offenses with unknown accused. Verification through OTP and Aadhaar ID proof suggested by the Law Commission.
• Verification Process: Complainant verification through OTP for authenticity. Aadhaar ID proof mandated to confirm the complainant’s identity.
• Information Deletion: Automatic deletion of unverified information within two weeks. Complainant’s failure to sign the e-FIR within the prescribed time leads to deletion.
• Timeframe for Physical Signing: Complainants given three days to physically sign the e-FIR for formal registration. Failure to sign within the stipulated time results in non-registration.
• Human Intervention: The article emphasizes the importance of human interaction in certain cases, suggesting that electronic registration may be suitable only for offenses where immediate police interaction is not crucial.

An e-FIR

• Definition: Digital system for reporting crimes to the police.
• Process: Information submitted online through a national portal. Complainant required to physically sign the report within a specified timeframe (usually three days).
• Objective: Streamline crime registration with initial electronic submission.

Cognisable offences

• Cognizable Offenses Definition: Offenses for which police can make an arrest without a warrant. Immediate police action is permissible upon receiving information or a complaint.
• Serious Nature: Generally involves more severe crimes. Examples include murder, robbery, kidnapping, and certain types of fraud.
• No Court Permission Needed: Law enforcement can initiate an investigation without court authorization. Immediate action can be taken by the police upon learning about the offense.
• Jurisdictional Variations: Classification as cognizable or non-cognizable may vary in different legal systems. The severity and nature of offenses determine their categorization.

Challenges:

• Limited Efficacy: The concept of e-FIR relies on obtaining information electronically but requires physical signatures within a prescribed time, limiting the effectiveness of the online process.
• Lack of Discussion: The article notes that the Law Commission did not discuss models adopted by states currently lodging e-FIRs, leading to potential gaps in understanding the practical implementation.