Potential Of E-FIRs To Overcome Non- Registration Of FIRs

Adya Agarwal, Rizvi Law College

ABSTRACT

The Law Commission of India in its 282nd report has recommended amendment to Section 154 of the Code of Criminal Procedure, 1973. It seeks to implement a system of permitting registration of electronic First Information Report “for all cognizable offences in cases where the accused is unknown and for all cognizable offences attracting a jail term of up to three years, where the accused is known.” The new criminal law, namely the Bharatiya Nagarik Suraksha Sanhita, 2023 allows for implementation of the same by way of Clause 173(1). Although access to internet enabled personal mobile devices is ubiquitous, solely a mechanism such as electronic First Information Report may not have the necessary potential or capability to combat the problem of non-registration of FIRs replete in the Indian criminal justice system. Non-registration of FIRs being a stark reality of the Indian Criminal Justice system is indicative of the failure of systems at times. A critical analysis of the relevance of the proposal in light of the electronic governance model and potential of e-FIRs to be a possible panacea for this systemic ailment is what seeks to be ascertained from this paper.