Evolution of the concept of e-FIR in India
A FIR: What is it?
- The First Information Report gets its name from the fact that it is a report of information that was received by the police initially at that particular period.
- It is a police complaint filed by the person who was wrongfully convicted of an offence or by someone acting on their behalf.
- A cognizable offence can be reported verbally or in writing by anybody.
e-FIR:
- It involves utilising a shared national portal to access information or file a complaint electronically.
- obtaining the complainant’s physical signature on the information/complaint within three days in order to turn it into a formal formal complaint report.
- “e-FIR” refers to a formal complaint that is not automatically filed online, even if the complainant signs the complaint electronically.
- The effectiveness of the online facility will be restricted.
- Investigations carried out before the formal filing of the First Information Report are not considered to have been conducted in accordance with the Code of Criminal Procedure.
- The complainant can file an electronic police report (e-FIR) online or via a mobile app, negating the need for them to physically attend the police station.
- Investigating officers will get in touch with the complainant if a formal complaint is lodged.
- Partially, Delhi, Gujarat, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand are implementing this project.
Law Commission’s e-FIR Report:
- For cognisable offences, the initial step of registering an e-FIR may be permitted if the accused is known.
- wherein a maximum three-year sentence is stipulated by the Indian Penal Code (IPC) and other laws.
- The complainant’s identity could be confirmed by requiring the uploading of legitimate identification documents, like Aadhaar, and confirming the mobile number with an OTP.
- Until the complainant signs the e-FIR, the suspect’s name must remain protected on the centralised national platform.
- The material will be destroyed after two weeks if the informant does not knowingly sign the recorded information within the allotted period.
The report’s e-FIR procedure is as follows:
- When the police station receives information via the portal, it will review its contents to confirm if a cognisable offence has been made out as suggested.
- Within three days, the submitted data will be entered in the appropriate format.
- In other cases (those carry a sentence of more than three years in jail), the IPC’s traditional procedure must be followed.
- To file an electronic First Information Report (e-FIR), a police officer must obtain the complainant’s signature within three days.
- If not, there will be no registration of the e-FIR.
- After two weeks, the aforementioned data will be automatically removed from the portal.
- The process is only applied in situations where the defendant is well-known.
Advantages of receiving complaints online:
- Since the system would automatically create receipts, the police will need to take notice of the complaint.
- This will guarantee virtually free crime registration.
- They won’t have the ability to alter the complaint’s substance.
Problems with the report:
- Using State websites or the Crime and Criminal Tracking Network and Systems, the majority of the eight states are registering First Information Reports (FIRs).
- primarily in property crimes where the accused is not identified
- The Law Commission, without addressing other relevant factors, has recommended e-FIR for all cognisable offences where the identity of the accused is unknown.
- For instance: In a case of kidnapping, where it may be crucial for the victim to receive quick medical attention, the perpetrator may not be known at first.
- In order to solve blind crimes, it is helpful to communicate with a police officer.
- Finding the offender may be aided by the copious amounts of information that an expert police officer is able to elicit from the victim or complainant.
- Although reporting any cognisable offence to a police station will always be an option
- The three days that are allowed by law may mislead the average person into believing that his case won’t be affected during that time.
- The complaint might not be aware of all the details surrounding a crime.
- The Information Technology (IT) Act, 2000’s definition of “e-authentication technique or digital signature” has not been brought up by the Commission as a method for signing complaints.
- Any information “rendered or made available in an electronic form” is protected under the Act.
- legally permissible if it is “accessible so as to be usable for a subsequent reference.”
- An electronic signature or other reliable electronic authentication mechanism can be used to authenticate any electronic record.
The Way Ahead:
- If an equal paper-based signed complaint is to be replaced by an electronic version of the same document
- The Second Schedule to the IT Act requires the adoption of an e-authentication technology or an electronic signature provided by the government.
- “e-authentication”: The income tax agency uses it extensively to make filing returns online easier.
- The “digital signature,” which makes use of a hash function and an asymmetric cryptosystem, is also recognised by law.
- An electronic record sent to the police without digital signatures or e-authentication would be regarded legally as little more than an unsigned complaint.
- It would be preferable if e-authentication methods were required in order to verify the complainant and if an e-FIR was filed right away.
