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The e-FIR: Pros and Cons

An e-FIR is a digital version of a First Information Report, a document used to report a cognizable offense to the police. It is a convenient and efficient way to pursue justice. e-FIR allows individuals to report a crime without having to physically visit the police station, but it also comes with some drawbacks

Last month, the Noida Police arrested the kingpin of the gang who cheated people by downloading a copy of an e-FIR from the dedicated portal of the Uttar Pradesh police. The police also seized the mobile used in the fraud. The person who provided an active SIM to the kingpin of the gang has also been declared wanted by the police. The arrested accused used to carry out the crime by introducing himself as a fake superintendent of police and district collector. He used to promise the victim that he would not rest until the accused is jailed for at least six months. If he was unable to do so, he would return the money.

The e-FIR was filed by a man living in Sector-63, Noida. He was going home with his wife after buying vegetables. On the way, a person started abusing the man and his wife. On protesting, the accused beat up the victim and threatened to kill him. After this, the victim complained about it to the Sector-63 police station. After this incident, the victim received a call from an unknown number. The caller introduced himself as the district collector and gave information regarding the FIR. The caller said that the accused will be arrested and sent to jail for at least six months. If the victim transfers Rs 3,000 online immediately, the police vehicle will arrest the accused. When the victim refused to make the online payment, the man posing as the district collector abused him and threatened that no action would be taken in the case.

The victim recorded the entire conversation and handed it over to the police. The audio of about six minutes of the conversation also went viral on various social media platforms. The police formed a special team to arrest the accused. The team arrested the accused from his residence in Tikamgarh, Madhya Pradesh, on August 22. The person who provided the active SIM to the accused has also been declared wanted by the police. The accused used to call the victims by taking out an e-FIR.

The name and address of the holder of the SIM from which the call is made was fake. During interrogation, the accused said that this SIM was taken from a person in the village itself. In every transaction, the bank account and QR code of the other person was used. He was given 20 percent commission on every transaction. The SIM card used to cheat the victim in Noida was in the name of a person from another village 40 kilometres away from the accused’s village. The accused, 24, is a 10th class fail. He has been doing this work for a year. Earlier also, he called the complainants in Ghaziabad and Gautam Buddha Nagar and demanded money. The accused has cheated victims in Bareilly and Aligarh as well. He was carrying out the fraud by forming an organized gang.

An e-FIR is a digital version of a First Information Report (FIR), a document used to report a cognizable offense to the police. The Bharatiya Nagrik Suraksha Sanhita (BNSS) introduces provisions for e-FIR allowing FIR registration through electronic means under Section 173(1), requiring the informant’s signature to be obtained within three days prior to the official recording of the e-FIR. As a convenient and efficient way to pursue justice, e-FIR allows individuals to report a crime without having to physically visit the police station. It can be filed for cog­nizable offenses like theft, burglary, motor vehicle theft, and other property-related crimes.

How To File e-FIR

  • Visit the official website of the local police department or a dedicated e-FIR portal.
  • Fill out the online form with required details, such as name, address and incident description.
  • Submit the form and receive a unique e-FIR number.
  • Print or save a copy of the e-FIR for future reference.

It is pertinent to note that e-FIRs are accepted only for cognizable offenses. For non-cognizable offenses, the complainant needs to visit the police station for further investigation.

After Filing e-FIR

  • Officers will verify the complaint.
  • Police will investigate the case.
  • Complainant can track the status of their e-FIR online.
  • Police will take appropriate action based on the investigation.

Some Pros and Cons of e-FIR

1. Convenience: eFIR can be filed from any place, at any time, using a computer or mobile device with internet access.

2. Time-saving: e-FIR saves time and effort in comparison to physically visiting a police station.

3. Easy access: e-FIR can be filed by people with disabilities or those living in remote areas with limited access to police stations.

4. Transparency: e-FIR reduces the risk of manipulation or loss of documents.

5. Quick dissemination: e-FIR enables fast sharing of information among police departments and agencies.

6. Reduced bureaucracy: e-FIR centralizes the reporting process, reducing unnecessary paperwork and red tape.

7. Security: Provides encrypted and secure online platform, ensuring confidentiality.

8. Efficient investigation: Enables police to focus on investigation, rather than paperwork.

9. Citizen engagement: Encourages citizen participation in maintaining law and order.

10. Environmentally friendly: Reduces paper usage, thus promoting a more sustainable approach.

11. Data analysis: Helps police analyze data and identify patterns to improve law enforcement.

The pitfalls

1. Technical issues: e-FIR may be affected by technical problems like server errors, connectivity issues, or platform compatibility or weak internet access.

2. Authentication: Verifying the identity and authenticity of the complainant may be challenging during registration of e-FIR.

3. Digital divide: Not everyone has access to the internet, computers, or mobile devices, potentially excluding marginalized groups.

4. Security concerns: e-FIR may be exposed to cyber-attacks, data breaches, or unauthorized access.

5. Lack of personal interaction: e-FIR may lack the personal touch and emotional support that comes with filing a report in person.

6. Dependence on technology: e-FIR relies on technology, which can be prone to failures or error, potentially delaying the reporting process.

7. False reporting: Filing false or misleading reports, which can lead to unnecessary police action and waste resources.

8. Unsubstantiated claims: Making unsubstantiated claims or accusations in e-FIR, which can lead to unnecessary police action.

9. Multiple filings: Filing multiple e-FIRs for the same incident, which can cause confusion and waste resources.

The Uttar Pradesh Citizens’ Online Portal (UP COP) is a citizen-centric platform launched by the Uttar Pradesh police department to facilitate online reporting of crimes and incidents. By using UP COP, citizens can save time and effort, and the police can focus on more critical tasks while maintaining a digital record of all reports and complaints. By utilizing UP COP, citizens can contribute to creating a safer and more efficient community, while also enjoying a more streamlined and user-friendly experience when interacting with the police department.

Last year, the Law Commission of India had recommended permitting the registration of e-FIRs for all cognisable offences where the accused was not known. The Commission further recommended registration of e-FIRs in all cognisable offences with a maximum punishment of three years where the identity of the accused was known. 

—By Shivam Sharma and India Legal Bureau

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