Online FIRs in every case could lead to abuse of law, settling personal scores: Police to HC

The police has opposed in the Delhi High Court a PIL seeking that e-FIRs be lodged for all offences, instead of only those crimes where the accused is unknown, saying it could lead to "abuse of process of law" and "settling of personal scores" by unscrupulous online complainants.

Delhi Police, in an affidavit placed before a bench of Chief Justice Rajendra Menon and Justice V K Rao, also said lodging of FIRs online in all cases would increase the burden on the investigative process and will take away the agency's power to conduct a preliminary enquiry before taking such a step.

It further told the court that lodging of e-FIRs is "fraught with practical problems" and a layman unfamiliar with the intricacies of the law may not be able to lodge an effective FIR.

"It (e-FIRs) may cause extremely high investigative burden on police apart from curtailing its power to conduct preliminary enquiry in appropriate cases. It may also give undue latitude as well as opportunity to unscrupulous complainants to nail others by hook or by crook", the affidavit said.

Besides, it could lead to "abuse of process of law" as well as "settling of personal scores", it said. "In order to settle personal scores, matters with regard to money transactions which are civil in nature will be registered online giving it a colour of criminal case."
The affidavit said that the Delhi Police has a very effective internal mechanism through which a complainant can ensure registration of FIR in cognizable offences in the event of refusal on the part of the duty officer of a police station