Zero FIR and E-FIR; India’s criminal justice
Paarisha Tomar, Student
Introduction
India, with its large population and diversity in culture, faces difficulties to ensure equitable access to justice. From a very long-time justice system has faced several criticisms for being outdated, bureaucratic, and inaccessible to the common man particularly to the poor, women and those in remote areas. However, in these recent years came out with the digital revolution which slowly begun to change the picture of Indian legal landscape, for example bringing system aimed at making justice quicker and accessible to citizens which is more citizen centric. Where in this journey of Zero FIR to E-FIR, this reflects the change and transition of India’s technology-enabled justice delivery to the people of India.
Understanding the FIR and emergence of Zero FIR
The First Information Report (FIR) is very important element in the criminal procedure. Which is governed by section 154 of the Code of Criminal Procedure (CrPC)[1], It is a document which outlines and provides procedure of law and sets it into motion.
When a crime occurred, FIR is filed at the police station with jurisdiction over the area where the crime occurred. This practice sometimes led to the procedural delays and loss of evidence, especially in urgent times where time was of essence.
Supreme Court in the landmark case of Lalita kumari v. Government of Uttar Pradesh (2013)[2] held mandatory registration of FIRs in cognizable offences. More importantly, Judgment brought Zero FIR in the mainstream.
A Zero FIR can be filed in any police station regardless the crime’s jurisdiction. Purpose is to ensure that no case goes unregistered due to jurisdictional confusion. And once it is registered, it is transferred to the appropriate station. This reform has helped especially in interstate crimes, victims of sexual assault. It empowered the idea of the rights of the victim rather than the convenience of the police, making the process more victim centric.
The Rise and Role of E-FIRs
With the arrival of the Digital India Mission[3], several states started to offer the facility of online FIR registration, which is known as E-FIR. An E-FIR provides facility to register a complaint through state police websites or officially registered mobile apps, without visiting the police station in person.
E-FIR is not explicitly defined in the CrPC but extends the digital concept of FIR registration, based on state-specific practices and internal departmental guidelines. In general, E-FIRs can be registered for limited categories of offences specifically for non-cognizable offences or for documentation related issues like lost reports of mobile phones, wallets, ID cards, etc. states have different operational systems[4]. The E-FIR works fairly straightforward, by simple verified credential submission citizens can log in, fill in a complaint, attach relevant documents or images, and submit the report. A digital acknowledgement is provided, and follow-ups can be tracked through portals. In times of today a country like India which is largely populated, the increasingly relies on smartphones and internet, E-FIRs are not mere digital upgradation but a major step forward. It helps to save time and hustle that a physical presence takes also removes fear of harassment at police stations, and gives autonomy in the narration of the complaint in their own words. This provides more transparent, traceable and time efficient procedure.
Digital Infrastructure Behind the Scenes
India’s move towards digitalization in criminal justice is not limited to registration of complain. Several backend transitions have taken place in these past years;
CCTNS- Crime and Criminal Tracking Network & Systems launched by the ministry of Home Affairs, CCTNS aims to connect over 15000 police stations digitally across the nation. It helps in investigation by providing access to crime and criminal data and also maintains coordination across states[5].
ICJS- Interoperable Criminal Justice System. This project facilitates coordinates between the five pillars of the criminal justice system; Police, Judiciary, Prisons, Prosecution and Forensics. By linking the databases and giving access for faster information exchange, ICJS terminates cases of duplication and delays in case procedure[6].
E-Courts Mission Mode project under the department of justice, E-Courts are developed to digitalize the case records, court records, and filing system. Citizens can now track case status, view judgements and file certain applications online which acts as a crucial link supplement to E-FIRs and digitalizing the justice system[7].
These projects show a commitment to speed, transparency and accountability.
Digital criminal justice, like any reform, comes with its own set of challenges
Internet Access: Many parts of India still lack internet access. For a person who is living in an urban city for him filing an E-FIR might be convenient but for a person who is a tribal villager is still a distant dream.
Language barrier: Most of the E-FIR platforms are English-dominant which makes them inaccessible for the common man who maybe is more comfortable with Hindi or other regional language.
Privacy and data security: It is an essential factor, if by any means details leaked or misused it can endanger victim and witnesses.
Inconsistent Implementation: some states are way ahead in terms of digitalization and providing e-facilities while others haven’t even begun pilot projects. A lack of central legislation or guidelines results in a fragmented system.
Many people still prefer physical FIRs, fearing inaction or dismissal by online system. To fill the void between promise and practise, India needs a uniform E-FIR policy under CrPC, which outlines the scope, categories and process of filling.
Conclusion
E-FIRs is not mere upgrade in procedure of criminal code but it is a philosophical shift, which focuses on a citizen-centric delivery of justice. A country in which every citizen can access to justice regardless of geographical factor, class, caste or gender without any discrimination or difficulty, technology provides tools which offers a ray of hope but the true test lies in implementation ensuring that technology doesn’t replace empathy, but reinforces it. The Indian criminal justice must remain linked to the Constitutional values of justice while developing with innovation and integrity. Justice delayed is justice denied but now digitalized justice is accessible justice.
[1] Code of Criminal Procedure, 1973 § 154.
[2] Lalita kumari v. Government of Uttar Pradesh (2014) 2 SCC 1.
[3] Digital Programme Ministry of Electronics and Information Technology.
[4] State Police E-FIR portals: Delhi Police (www.delhipolice.nic.in), MP police, Jharkhand police.
[5] Ministry of Home Affairs, CCTNS project.
[6] NCRB, ICJS
[7] Department of justice, e-courts Mission Mode project.