NEW DELHI: The Law Commission of India on Friday recommended putting in motion the process for registration of online FIRs (eFIRs) in a phased manner saying that clinging on to an archaic system of lodging FIRs does not augur well for criminal reforms.
“Implementation of section 154 CrPC in its undiluted form is not only possible but also desirable. The process of registration of FIR may be made simple by allowing multiple modes of providing information. Most of the States in India have provided online portals to citizens enabling them to lodge complaints. The complaints are all enquired into and final reports are prepared. The same or similar system can be used to register e-FIR. The Government of India has already provided CCTNS facilities to all the States. Adequate hardware and software have already been provided in most locations," the commission said.
"The use of these facilities to promote free registration of e-FIR will give legitimacy to the criminal justice process and increase the faith of the common man in law. Unless the citizens are allowed unhindered and equal access to the criminal justice system, for which registration of FIR is the first step, there can be no equality before the law, or equal protection of the law, as envisioned in Article 14 of the Constitution of India,” the commission headed by ex Justice Ritu Raj Awasthi has said in its report titled, “Amendments to section 154 of the CrPC, 1973 for enabling online registration of FIR,” the commission added.
Taking note of India's progressive Digital India mission and National e-Governance Plan, the Commission while suggesting for creation of a Centralised National Portal has limited the registration only in cases involving cognisable offences where police officers can arrest without warrant saying that allowing this process in all cases would cause extremely high investigative burden on police.
“Further, a layman may not be aware of these legal intricacies and once registration of FIR by way of e-FIR in all cases is allowed, it may cause an extremely high investigative burden on police apart from curtailing its power to conduct preliminary enquiry in appropriate cases as is required under a clear mandate of the Hon'ble Supreme Court,” the commission has said.
In cases where the accused is known, the commission has recommended permitting registration of online FIR for cognisable offences attracting imprisonment up to three years opining that the same would not only protect the accused from arrest but also mandate the police to adhere to the guidelines regarding arrest laid down in various Supreme Court rulings. In case its recommendation turns out to be effective, the panel has also suggested states expand the list of offences for which e-FIR may be registered in future.
To use the facility constructively and further avoid false registration of e-Complaints/e-FlR, the commission while laying emphasis on the importance of verifying the complainant or informant’s identity has suggested using e-authentication techniques by verifying mobile number through OTP, mandating the uploading of valid ID proof like Aadhaar or any other Govemment approved ID and further adding a declaration regarding facts contained in the eFIR being true complainant’s knowledge. The law panel has further suggested for imposing minimum punishment by way of imprisonment of up to two years or a Rs 10,000 fine in case of false registration of eFIRs and complaints.
“It must be ensured that data provided while registering the FIR online is not compromised and there is no infringement of privacy of the parties involved. Privacy of the InformanVComplainant and the person named as 'Suspect' on the Centralized National Portal is to be secured till the e-FIR is not signed by the InformantComplainant. In case the registered information is not signed by the informant deliberately within the prescribed time, the information shall be deleted from the Centralized National portal after 2 weeks. Privacy of sexual offence victims must be given prime consideration at all stages,” the commission has also suggested.
