Can FIRs be lodged online: MHA asks law panel

Can people be allowed to lodge a first information report (FIR) online or an e-FIR from the confines of their homes, the Home Ministry has asked the Law Commission.

Registration of FIR is mandatory under Section 154 of the CrPC if the information discloses commission of a cognisable offence and no preliminary inquiry is permissible in such a situation, according to a November 2013 Supreme Court order.

The law panel, while examining the issue, has come across suggestions that if the Code of Criminal Procedure (CrPC) is amended to allow people to lodge FIRs online, one of the fallouts could be that some may use the facility to tarnish image of others.

"Yes, people do find it difficult to go to police stations to lodge an FIR. It would be much easier to lodge one from the comforts of your home. But most find it difficult to lie before police.

"Policemen understand the demeanour of the complainant. But anyone can use the online facility to tarnish the image of someone. This is what we have understood so far. But we have just begun to understand the concept. So, there is no finality," explained a senior law panel functionary.

In 2016, a total of 48,31,515 cognisable crimes comprising 29,75,711 Indian Penal Code (IPC) crimes and 18,55,804 Special and Local Laws (SLL) crimes were reported, according to Crimes in India of the National Crime Records Bureau.

This was an increase of 2.6 per cent over 2015 when the figure stood at 47,10,676 cases.

Requesting anonymity, a former law secretary said if the law panel recommends that FIRs can be lodged online, it will also have to provide a legal framework on how to go about it.

"Though as per law, FIR is compulsory for a cognisable offence, they will have to suggest how to check its misuse," he said.

The commission has already interacted with several police officials from various states to understand the issue.

During the DGP/IGP conference held in January, "it was suggested that there should be an amendment to Section 154 of the CrPC for enabling online registration of FIR," the Home Ministry informed the law panel.

In a letter, its judicial cell said, "It has since been decided to request the Law Commission to consider the suggestion during the course of comprehensive review of criminal laws being carried out by them."
In the Lalita Kumari versus the Uttar Pradesh government and others case in November 2013, a Supreme Court bench had made it clear that "registration of FIR is mandatory under Section 154 of the Code (CrPC), if the information discloses commission of a cognisable offence and no preliminary inquiry is permissible in such a situation."
"It must disclose reasons in brief for closing the complaint and not proceeding further," it had said