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Source: The post is based on the article “22nd Law Commission submits report on e-FIR” published in “PIB” on 30th September 2023.
What is the News?
The 22nd Law Commission of India has given several suggestions related to the electronic first information reports (e-FIR).
What are the recommendations given by the 22nd Law Commission report related to e-FIR?
e-FIR: At present, the electronic registration of FIRs is being implemented in eight states, but only for specific crimes.
– The Law Commission highlights that e-FIRs can be especially beneficial in areas where visiting a police station is not feasible due to security or infrastructural issues.It can also help overcome reluctance by police officers to file FIRs for petty offenses.
Limited roll out of e-FIR: The Law Commission has recommended allowing the filing of electronic first information reports (FIRs) for cognisable offenses in all cases where the accused is unknown and all cognisable offenses with a jail term of up to three years where the accused is known.
– Note: According to The Code of Criminal Procedure,1973 cognisable offences are those in which police officers can arrest an accused without a warrant or court permission, and are typically more serious such as murder, rape or abduction.
– Non-cognisable offenses are those in which police officers do not have the authority to arrest without a warrant.
Amendments: The commission has recommended suitable amendments to the Code of Criminal Procedure, 1973, Indian Evidence Act, 1872, the Information Technology Act, 2000, the Indian Penal Code,1860 and other legislation to support e-FIR registration.
Verification and Prevention of False Complaints: To prevent false e-FIRs and complaints, the Commission suggests verifying the complainant or informant through e-authentication techniques such as OTP verification of the mobile number and mandatory uploading of valid ID proof like Aadhaar or government-approved IDs.
– The Commission also recommends imposing a minimum punishment, including imprisonment and fines, for false registration of e-complaints or e-FIRs.
Exemptions: The Commission recommended against allowing registration of e-FIR in all cases.It referred to the Supreme Court’s landmark verdict in Lalita Kumari v. State of Uttar Pradesh, in which the court held that preliminary enquiry should be conducted in cases pertaining to matrimonial disputes, commercial offences, medical negligence and corruption, among others.
