NEW DELHI: The Law Commission of India has recommended that registration of e-FIRs be allowed for all cognisable offences in cases where the accused is unknown and for all cognisable offences attracting a jail term of up to three years, where the accused is known.
In its report submitted to the government on Wednesday and made public on Friday, the panel said a limited roll-out of the e-FIR scheme in the initial phase would ensure that there is, for now, no disruption relating to the procedure adopted for reporting and investigation of serious offences.
Apart from suggesting verification of the complainant through e-authentication techniques like OTP-based verification of mobile number or uploading of a government-approved identity document, the panel led by Justice Ritu Raj Awasthi proposed a mandatory declaration by the informant that the facts cited in the e-FIR are true to the best of knowledge, information or belief of the informant.
An amendment to Section 182 of the IPC has also been sought to provide for punishment with imprisonment up to two years and/or fine upto Rs 10,000, as a deterrent to false registration of e-complaints or e-FIR.
Noting that the advent of digital technology and modern means of communication has necessitated a transition from the archaic system of registering FIRs in a police station, the Law Commission underlined that even as there is no provision for registration of eFIR under the Code of Criminal Procedure, 1973, at least eight states including Delhi are already registering e-FIRs for small offences like vehicle or property theft, lost articles like wallet/purse or government documents like passport, PAN card etc.
“The Commission, therefore, is of the considered view that registration of e-FIR be enabled in a phased manner, beginning with offences bearing a punishment of upto three years imprisonment…the ambit of the same can be extended through subsequent amendments (in CrPC),” the panel said in its latest report. It suggested the creation of a centralised national portal to facilitate the registration of e-FIR, apart from outlining the procedure for the same.
“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,” noted the panel.
To protect privacy of the complainant, victim and suspect, the commission suggested that it be ensured that the data provided while registering the online FIR online is not compromised and signed by the complainant in a prescribed timeframe. It particularly stressed on safeguarding privacy of sexual offence victims.
As per proposed Clause 173 in the Bharatiya Nagarik Suraksha Sanhita Bill, which seeks to replace CrPC, while information can be given electronically for cognisable offences without any bar on jurisdiction, the police officer is required to take it on record after it has been signed within three days of giving the first information.
The commission said all e-FIRs should be forwarded to the courts concerned by linking the website of police with e-Courts portal through the inter-operable criminal justice system (ICJS).
In its report submitted to the government on Wednesday and made public on Friday, the panel said a limited roll-out of the e-FIR scheme in the initial phase would ensure that there is, for now, no disruption relating to the procedure adopted for reporting and investigation of serious offences.
Apart from suggesting verification of the complainant through e-authentication techniques like OTP-based verification of mobile number or uploading of a government-approved identity document, the panel led by Justice Ritu Raj Awasthi proposed a mandatory declaration by the informant that the facts cited in the e-FIR are true to the best of knowledge, information or belief of the informant.
An amendment to Section 182 of the IPC has also been sought to provide for punishment with imprisonment up to two years and/or fine upto Rs 10,000, as a deterrent to false registration of e-complaints or e-FIR.
Noting that the advent of digital technology and modern means of communication has necessitated a transition from the archaic system of registering FIRs in a police station, the Law Commission underlined that even as there is no provision for registration of eFIR under the Code of Criminal Procedure, 1973, at least eight states including Delhi are already registering e-FIRs for small offences like vehicle or property theft, lost articles like wallet/purse or government documents like passport, PAN card etc.
“The Commission, therefore, is of the considered view that registration of e-FIR be enabled in a phased manner, beginning with offences bearing a punishment of upto three years imprisonment…the ambit of the same can be extended through subsequent amendments (in CrPC),” the panel said in its latest report. It suggested the creation of a centralised national portal to facilitate the registration of e-FIR, apart from outlining the procedure for the same.
“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,” noted the panel.
To protect privacy of the complainant, victim and suspect, the commission suggested that it be ensured that the data provided while registering the online FIR online is not compromised and signed by the complainant in a prescribed timeframe. It particularly stressed on safeguarding privacy of sexual offence victims.
As per proposed Clause 173 in the Bharatiya Nagarik Suraksha Sanhita Bill, which seeks to replace CrPC, while information can be given electronically for cognisable offences without any bar on jurisdiction, the police officer is required to take it on record after it has been signed within three days of giving the first information.
The commission said all e-FIRs should be forwarded to the courts concerned by linking the website of police with e-Courts portal through the inter-operable criminal justice system (ICJS).
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