Move towards e-FIR, but with caution

Context: The Law Commission has put forward a recommendation to introduce e-FIR registration for unidentified individuals involved in serious crimes.

Details:

• The Law Commission has put forward a suggestion to implement e-FIR registration for unidentified offenders in serious crimes. 
• This process would involve a combination of electronic submission and physical signing, with a deadline of three days. 
• While this proposal aims to expedite the process of reporting crimes, there are concerns about its effectiveness, highlighting the significance of human intervention, particularly in cases that demand immediate police intervention. 
• It also recommends investigating e-authentication methods to improve the verification process.

e-FIR:

• This digital system has been developed to facilitate the reporting of crimes to the police.
• This system allows individuals to submit their information online through a national portal, making the process more efficient and convenient. 
• However, to ensure the authenticity and seriousness of the report, the complainant is also required to physically sign the report within a specified timeframe, typically three days. 
• This additional step aims to streamline the crime registration process, combining the benefits of electronic submission with the importance of physical verification. 
• By implementing this digital system, reporting crimes to the police becomes more accessible and user-friendly while still maintaining the necessary measures to ensure accurate and reliable information.

The Law Commission has released a report on the e-FIR :

• • The Law Commission has recommended the use of e-FIR registration for all crimes where the identity of the perpetrator is unknown. The verification process would involve the use of OTP and Aadhaar ID proof.
  • The verification process involves confirming the authenticity of the complainant through an OTP (One-Time Password) and requiring them to provide their Aadhaar ID as proof of identity.
  • Unverified information will be automatically deleted within two weeks. If the complainant does not sign the e-FIR within the given time, it will also be deleted.

• Complainants have three days to physically sign the e-FIR in order for it to be formally registered. If they do not sign within this timeframe, the complaint will not be registered.

• The significance of human involvement in specific situations, indicating that electronic registration may only be appropriate for offences that do not require immediate police intervention.

Cognizable Offences: 

• Police can arrest someone without a warrant for serious crimes such as murder, robbery, kidnapping, and certain types of fraud. 
• They can take immediate action based on information or complaints they receive without needing permission from a court. 
• The classification of these offences as cognizable or non-cognizable may vary in different legal systems depending on their severity and nature.

Challenges regarding e-FIR:

• The limited effectiveness of the e-FIR concept is due to the need for physical signatures within a specific time frame, despite the reliance on electronic information.
• The Law Commission did not discuss the models used by states that are currently implementing e-FIRs, which may result in a lack of understanding on how to practically implement it.

Advantages of e-FIR:

Initially, the police will need to acknowledge the complaint, and the system will automatically produce a receipt. This will enable crime registration at minimal cost. The police cannot alter the details of the complaint.

Way Forward:

• The using e-authentication methods like digital signatures to improve verification and make e-FIR registration easier. 
• It also emphasises the need for the Law Commission and states to provide more information on the specific models used for e-FIR registration to address any possible issues.

Source: TH

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