The Prayas ePathshala

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30 September 2024 – The Indian Express

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How the mechanism of e-FIR operates

  • 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.
  • explanations will be given
  • 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.

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