The 22nd Law Commission in September 2023 has recommended the adoption of online First Information Reports (FIRs) for cognizable offences, ushering in a new era in crime reporting. This recommendation spans cases where the accused is unidentified and those involving cognizable offences with a maximum jail term of three years for known suspects.
As defined by The Code of Criminal Procedure, 1973, cognizable offences include serious crimes like murder, rape, or abduction, allowing police officers to arrest without a warrant or court permission.
The Commission submitted its 68-page report, titled “Amendment in Section 154 of the Code of Criminal Procedure, 1973 for Enabling Online Registration of FIR,” to the Union Law Ministry in September.
The report suggests that the online filing of FIRs could be a game-changer; especially in areas where visiting a police station might be impractical due to security or infrastructural issues. The move also aims to address the reluctance of police officers to file FIRs for minor offences and overcome challenges arising from a low police-to-public ratio.
Under this initiative, complainants can file e-FIRs without visiting a police station, utilizing either a mobile app or the police’s online network. Once filed, designated investigating officers reach out to the complainant. Currently, the initiative is in partial implementation in states like Delhi, Gujarat, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand, focusing on non-heinous cases such as vehicle thefts.
The Law Commission recommended a phased implementation, starting with offences carrying a punishment of up to three years of imprisonment. The report emphasized that if proven effective, the scope of the initiative can be expanded through subsequent amendments.
“The commission is of the considered opinion that enabling registration of e-FIR would tackle the long persisting issue of delay in registration of FIRs, allowing citizens to report crimes in real time,” the panel noted.
The Debate on e-FIR
Despite its innovative potential, law enforcement experts caution that practical challenges may lie ahead. Prakash Singh, a retired Indian Police Service (IPS) officer and key player in landmark police reforms, expresses reservations, emphasizing the need for careful checks and balances. RK Vij, a retired IPS Officer of the Chhattisgarh Cadre, sheds light on the Commission’s recommendation for e-FIR registration for all cognizable offences punishable for up to three years when the accused is unknown. However, he points out a lack of clarity in defining the procedure for e-FIR registration and notes gaps in analyzing existing state models.
Another critical gap identified is the requirement for the complainant’s physical signature within three days to convert the e-FIR into an FIR, with no discussion on the use of electronic signatures or authentication methods. He also emphasized the need for human intervention in specific cases such as kidnapping where immediate injury examination or visiting crime scenes is vital for investigation and therefore suggested that only suitable cases where the initial delay does not adversely impact the investigation should be permitted for e-FIR.
He recommended a phased pilot e-FIR, mandatory e-authentication through Aadhaar thereby eliminating the need for a physical signature, and the establishment of a centralized e-FIR monitoring system.
Design safeguards against false complaints, including limiting one complaint per ID, IP address tracking, and implementing AI for preliminary analysis; and conducting awareness campaigns on using e-FIR responsibly as a civic duty, promoting understanding and responsible reporting were also recommended.