Law Commission Recommends Allowing E-FIR Registration In Certain Cases

The Law Commission of India has recommended allowing the registration of electronic first information reports (e-FIR) for all cognizable offences where the accused is not known, and the registration of such reports for all cognizable offences with a maximum punishment of three years where the identity of the accused is known. Accordingly, the commission has recommended suitable amendments not only to the Code of Criminal Procedure, 1973 but also to the Indian Evidence Act, 1872, the Information Technology Act, 2000, the Indian Penal Code, 1860, and other legislation to support e-FIR registration.The commission – headed by 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.”Highlighting the principle of the presumption of innocence which occupies a central position in criminal law, and pointing out the Arnesh Kumar guidelines on reasonable investigations before arrests in cases punishable with imprisonment up to seven years, the commission has explained that limiting the applicability of e-FIR registration to less severe offenses, with punishments up to three years, could safeguard against wrongful arrests and police abuse.E-FIR not in all casesThe report also acknowledges that the e-FIR scheme will not apply to all offences due to practical reasons, especially matrimonial disputes, commercial offenses, medical negligence cases, corruption cases, and those with abnormal delays in reporting, in which preliminary inquiries have been mandated by the Supreme Court. At the same time, the commission has also recommended that states have the power to expand the list of offences eligible for e-FIR registration, should the system prove effective.It referred to Supreme Court’s landmark verdict in Lalita Kumari v. State of Uttar Pradesh, in which the top court held that preliminary enquiry should be conducted in cases pertaining to matrimonial disputes, commercial offences, medical negligence and corruption, among others.This report was the outcome of a comprehensive consultation process that began in July 2018 when the Ministry of Home Affairs wrote to the commission to consider the question of amending Section 154 of the Criminal Procedure Code to enable online registration of FIRs, spurred on by Prime Minister Narendra Modi’s address at the BSF Academy, Tekanpur. In response to the ministry’s request, the previous law commission wrote to the chief justices of all high courts, urging them to seek opinions from judicial officers in their jurisdiction regarding online FIR registration. The response, the report reveals, was overwhelmingly in favour of amending Section 154 to accommodate e-FIRs. The commission also considered inputs from a session with police officers from different states held in August 2018.The 22nd and current law commission conducted further consultations in 2023 with several stakeholders, including the Bureau of Police Research and Development (BPR&D), and the National Crime Records Bureau (NCRB), besides seeking input from various experts, including the Vice-Chancellor of the West Bengal National University of Juridical Sciences, NK Chakrabarti, renowned criminal lawyer Sidharth Luthra, and other distinguished individuals from law enforcement and administrative backgrounds.Based on these consultations with subject-matter experts and a thorough analysis of the legal framework governing the registration of FIRs, including the recommendations of other commissions and committees, the Law Commission of India has concluded the allowing all citizens ‘unhindered and equal access’ to the criminal justice system which is set into motion with the registration of an FIR, was a necessary component of the right to equality under Article 14 of the Constitution –“Implementation of Section 154 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 ...

Law Commission Recommends Allowing E-FIR Registration In Certain Cases

Awstika Das

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