The Law Commission of India has recommended the adoption of electronic First Information Reports (e-FIR) for a broader range of criminal cases. Under their recommendation, e-FIRs would be permitted for all cases of cognizable offenses when the identity of the accused is unknown.
Moreover, for cases where the accused's identity is known and the maximum punishment is three years, e-FIR registration would also be allowed. To facilitate this transition, the commission has suggested necessary amendments not only to the Code of Criminal Procedure, 1973 but also to related laws such as the Indian Evidence Act, 1872.
The commission under the leadership of retired Karnataka High Court judge Ritu Raj Awasthi has stated in its 282th report on ‘Amendment in Section 154 of the Code of Criminal Procedure, 1973 for Enabling Online Registration of FIR’ –
“In tune with India's progressive Digital India mission and National e-Governance Plan, the Commission recommends that in cases where the accused is not known, registration of e-FIR should be allowed for all cognizable offences as per Section 154 of the Code of Criminal Procedure, 1973. The Commission further recommends that where the accused is known, as a preliminary step, registration of e-FIRs may be allowed for all cognizable offences wherein the punishment prescribed under the Indian Penal Code, 1860, and other laws for the time being in force, is up to three years. Such a limited rollout of the e-FIR scheme in the initial phase would ensure that for the time being, there is no disruption relating to the procedure adopted for reporting and investigation of serious offences.”
Further, he emphasizing the fundamental principle of the presumption of innocence, a cornerstone of criminal law, and referencing the Arnesh Kumar guidelines which stress the importance of reasonable investigations before arrests in cases carrying sentences of up to seven years, the commission has provided a rationale.
It referred to Supreme Court’s landmark verdict in Lalita Kumari v. State of Uttar Pradesh, the Supreme Court held that ''Preliminary enquiry should be conducted in cases pertaining to matrimonial disputes, commercial offences, medical negligence and corruption, among others.''
“Such a limited roll-out of the e-FIR scheme in the initial phase would ensure that for the time being, there is no disruption relating to the procedure adopted for reporting and investigation of serious offences,” the report said.
To prevent false e-FIRs and complaints, the Commission stressed on the need for verification of the complainant or informant through e-authentication techniques like verification of mobile number through OTP and mandatory uploading of valid ID proof like Aadhaar or any other government-approved ID.
“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 two weeks. Privacy of sexual offence victims must be given prime consideration at all stages,” the report added.
The Commission further proposed that all e-FIRs should be seamlessly transmitted to the court by establishing a connection between the police website and the e-courts portal. Furthermore, the Commission has suggested that states have the flexibility to consider extending the range of offenses eligible for e-FIR registration in the future, provided that the system proves to be efficient and effective.
"In areas where visiting the Police Station might not be feasible due to security or other issues, filing e-FIR may prove to be a boon. Also, filing of e-FIR would help in overcoming reluctance shown by police officAers to file FIRs in cases of petty offences," the Commission said.
Advocating for an online portal designed to facilitate the registration of FIRs and complaints, the Commission has recommended that it should be user-friendly, easy to navigate, and accessible to a wide range of users.
"A Centralized System, as proposed under Annexure B, may be setup for processing information in order to expand the mode of electronic communication. The Police Officer shall use the information provided on this portal to check whether a cognizable offence has been committed or not and will proceed accordingly."
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