New Delhi: The Law Commission has recommended that registration of e-FIR should be allowed for all cognizable offenses where the accused is unknown and its scope should be extended to all cognizable offenses punishable with imprisonment up to three years in the case of a named accused. There may be a punishment of Rs.
In a report submitted to the government on Wednesday and made public on Friday, the commission said the limited scope of the e-FIR scheme in the initial phase will ensure that there is no disruption in the process adopted for registration and investigation of serious crimes. Not there.
Apart from suggesting e-verification and mandatory declaration by the person filing e-complaint or e-FIR, the Commission also proposed additional security measures. It said that minimum punishment of imprisonment and fine should be given for wrong registration of e-complaints or e-FIR, for which relevant sections of the Indian Penal Code may be amended.
Proposed to set up a centralized national portal to facilitate registration of e-FIR. It said that e-FIR will solve the long standing problem of delay in registration of FIR and citizens will be able to report crime in real time. In his letter to Law Minister Arjun Ram Meghwal, Law Commission Chairman Justice Rituraj Awasthi said, “Due to the development of technology, there has been a lot of progress in the means of communication. In such a situation, sticking to the old system of filing FIR is not a good sign for criminal reforms.
The report said the scheme of e-FIR registration cannot be allowed in all cases and cited a Supreme Court judgment that has allowed preliminary investigation before registering an FIR.
The Commission said that registration of e-complaint should be allowed for all non-cognizable offenses as per Section 155 of the Code of Criminal Procedure (CrPC), as is currently being done in all states and union territories.
The report said that to avoid wrong registration of e-complaints or e-FIRs, it is important that verification of the complainant or informant is done using e-authentication technologies.
Seeking to protect privacy, it said that the data provided while filing the online FIR has not been compromised and there is no violation of privacy of the parties involved.
It says that the confidentiality of the informant or complainant and the person named as ‘suspect’ on the centralized national portal will be protected until the e-FIR is signed by the informant or complainant.
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