Exploring the Pros and Cons of e FIR Implementation Based on Law Commission Recommendations

Context:

• This article is based on an Editorial “Move towards e-FIR, but with caution” which was published in The Hindu. The Law Commission of India, in Report No. 282, recommended that “in cases where the accused is not known, registration of an e FIR should be allowed for all cognisable offenses”.

Law Commission Recommendations for Secure Online Complaint Filing in e FIR

• The verification of the complainant could be done by verifying the mobile number through an OTP and mandating the uploading of valid ID proof such as Aadhaar. 
• The name of the suspect on the centralized national portal is to be secured until the e FIR is signed by the complainant. 

Significance of Law Commission’s e FIR Recommendations for Crime Reporting: 

• It ensures free crime registration with automatic receipt generation.
• The nature and the contents of the complaint will remain accurate/unaltered.
• The Commission recommends e-FIR for all cognisable offenses with unknown accused.
• Highlights the valuable role of police interactions in  solving blind crimes.

Challenges in Implementing Law Commission’s Recommendations on e FIR Procedures

• Lack of clarification on the concept of an ‘e-FIR’ by the commission.
• Verification of received information by the police station  before prescribed format within three days
• In other cases (punishable with more than three years of imprisonment), the conventional method prescribed under the Indian Penal Code (IPC) needs to be followed. 
• The police officer is required to get the signature of the complainant within three days to register an e FIR. Otherwise, it shall not be registered.
• The procedure is given only for cases where the accused is known.
• Though the Commission mentioned that eight States (Delhi, Gujarat, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand) are lodging an e-FIR, it did not discuss any of the models to be adopted by those States.
• No use of the ‘e-authentication technique or digital signature’ as defined in the Information Technology (IT) Act, 2000, for signing complaints. 

Conclusion:

• Only cases where human interaction can be postponed for a limited period without having an adverse impact on the case may be permitted to be registered electronically.
• It would be better to use e-authentication techniques that are mandated for the verification of the complainant, and an e FIR is registered immediately.