The Law Commission has recommended the authorization of e-FIR registration for all cognizable offences where the identity of the accused is unknown. Furthermore, it suggests extending this provision to all cognizable offences that carry a prison sentence of up to three years when the identity of the accused is known. The proposal holds significant implications as it marks the first step towards liberating FIR registration from the exclusive domain of law enforcement authorities. Daily, there are numerous instances where FIRs allegedly go unregistered by the police. In certain cases, individuals are compelled to seek legal recourse to secure FIR registration. Such a situation is far from ideal, considering that the filing of an FIR is a fundamental right of every individual. Regrettably, it has, in some cases, transformed into a daunting and arduous task.
The introduction of e-FIRs has the potential to be a game-changing development when compared to traditional procedures. There are ample safeguards in place to counter frivolous FIRs. People, particularly the educated segment of society, are well-informed about their rights and possess mobile devices, making them capable of utilising this technology. Initially, the e-FIR system will have a limited list of crimes that can be registered. The widespread implementation of e-FIR registration is constrained by a Supreme Court ruling that allows for preliminary inquiries to precede FIR registration. The commission offers a word of caution, emphasising that the broader public might not possess a nuanced understanding of these legal complexities. A broad adoption of electronic FIR registration could place a significant investigative load on law enforcement agencies, potentially hampering their capacity to carry out necessary preliminary inquiries as required. The system must evolve with the times, and the functioning of the police is no exception. The implementation of e-FIRs has the potential to catalyse a transformation in the criminal justice system in the future. The comprehensive and detailed documentation of actual events can provide much-needed relief and drive reforms within the system.
Follow our WhatsApp channel
