Electronic FIR (First Information Report) Registration Under BNSS: A Step-by-Step Guide

This Blog is Written by Ananya Saxena, 4th Year, BA LLB, Lovely Professional University (LPU), Jalandhar.

(Blog IX, Edition VI)

Introduction

The new criminal justice system in India is the Bharatiya Nagarik Suraksha Sanhita (2023), which is the successor to the Code of Criminal Procedure, and this document brings about a significant change in the criminal justice system by officially acknowledging the electronic registration of First Information Reports (FIRs). The long-term problems solved by this reform include physical inaccessibility, delays in procedures, and a lack of transparency in the traditional FIR process. The e-FIR system was developed to eliminate barriers preventing citizens from accessing criminal justice. Practiced under the CrPC framework, it requires citizens to physically visit police stations to register an FIR, which results in abuse and refusal to register an FIR, as well as abuse of vulnerable populations (female, elderly, and marginalized). As noted above, e-FIR is needed due to the lack of public trust in the system caused by repeated incidents where police reject and/or do not process complaints in a timely manner. Dependent upon the rapid growth of the Digital India Initiative, a cyber structure is being developed whereby technology-based solutions can be introduced into law enforcement activities across India. Therefore, e-FIR will provide a means for individuals who wish to report a cognizable offense to do so remotely, transparently, and tamper-proof, without fear or obstruction. Based on the judgment of the Supreme Court in Lalita Kumari v. Govt. of Uttar Pradesh, which compelled registration of FIR where a cognizable offence was revealed, the BNSS enhances adherence and responsibility in digital terms. Accessibility, transparency, and efficiency are also improved by the e-FIR system, which allows citizens to report cognizable offences via electronic systems.

      Electronic FIR Registration Legal Framework

The BNSS, which came into force on July 1, 2024, gives statutory effect to electronic FIR registration under Section 173. This provision updates the criminal procedure in the sense that it clearly includes the digital forms of reporting.

·    Section 173 - Registering Information: Section 173 of the Bharatiya Nagarik Suraksha Sanhita or BNSS says that crime details must be written down as a First Information Report or FIR. This rule allows people to give this information online through websites, phone apps, or other digital ways that are approved.

When someone gives this information:

• The details are written down. Recorded, but only after they are checked in the right way
• The person who gave the information might get a registration number when the FIR is officially registered.
• The information is sent to the police station so they can look into it and take action.

People should know that just because they submit the information online, it does not mean the FIR is registered away. The police still have to check everything and follow the steps. The Bharatiya Nagarik Suraksha Sanhita or BNSS is clear about this. The First Information Report, or FIR, is very important and has to be done correctly. Digital Signatures and Authentication - The BNSS acknowledges electronic signatures and digital authentication in the form of the read with the Information Technology Act. Section 173(3) is legal validation of electronically registered FIRs in that the signature of digital forms may be used as per the definition contained in the IT Act as a guarantee of authenticity and integrity of the procedure.

Step-by-Step Electronic FIR

Registration process under BNSS has been made easy to use, although the procedural safety sensitive to the operation of criminal justice has been taken into consideration. The steps to be followed to register an e-FIR are as follows.

Step 1: Portal Citizens will have access to the e-FIR Portal:

(1) via official state police websites or national crime portals, (2) specific mobile apps created by state police departments, (3) digitised governance platforms, or (4) kiosks at police stations and various other locations offering services to citizens. The users are required to first create a new account or log in with verified credentials like Aadhaar-based authentication, OTP verification on a mobile, or digital signature certificates.

Step 2: Incident Details and Offence Classification

The complainant should give detailed information about the incident, including date, time, and place of occurrence of the cognizable offence committed, identity of the persons who committed the offence (where known), description of the incident, events that occurred, and any other supporting documents or evidence. The system offers a smart interface that assists in categorising the offence based on the Bharatiya Nyaya Sanhita (BNS), 2023, and decides whether the case should be registered on the e-FIR or not, depending on the nature of the alleged offence, which is cognizable.

Step 3: Uploading of Document and Evidence

The e-FIR-system enables complainants to submit relevant evidence, and the evidence may be in the form of photographs or videos of the incident, medical reports, documentary evidence (contracts, receipts, correspondence), identity documents of complainants or witnesses, and any other supporting evidence. The portal provides various file formats and secure and encrypted storage of uploaded documents. Within this step, the user is required to verify and authenticate to prevent potential intruders. Once submitted, the system carries out automated tests to understand whether information is complete, the identity of the complainant is checked, consistency with the evidence is checked, and proper classification of the offence is checked. To ensure the continuity and integrity of its systems and to avoid misuse, the complainant will be required to perform electronic authentication by OTP verification, digital signature, or biometric verification.

Step 4: FIR Generation and Acknowledgement

When the system is successfully verified, the FIR is automatically produced with a unique registration number in the appropriate format. The authorised officer signs the e-FIR, and it includes: all the information submitted by the complainant; time stamps to submission and registration; a unique FIR number and venue of jurisdiction, and digital signatures of the complainant and the registering authority. The complainant is immediately acknowledged through SMS, email, and the portal dashboard.

Step 5: Assignment and Investigation Initiation

The registered e-FIR is automatically sent to the jurisdictional police station to investigate it. The system distributes the workload to a particular investigating officer depending on workload distribution algorithms and territorial expertise. The complainant will have the capability of monitoring the status of the FIR using the online portal and obtaining frequent updates on the status of the investigation. The BNSS requires that the investigating officer must get in contact with the complainant within the stipulated time.

The Benefits of Electronic FIR Registration

Electronic First Information Report (e-FIR) under the Bharatiya Nagarik Suraksha Sanhita, 2023: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) brings in the electronic First Information Report (e-FIR) system as a technological advancement in criminal processes. This system enables complainants to file FIRs online, removing the necessity for them to visit police stations in person. The new system has the following benefits:

• Enhanced Accessibility: The e-FIR system allows citizens to report crimes anytime and anywhere, providing 24-hour access to law enforcement services. The system serves as an especially important resource for certain vulnerable groups that might find it difficult to come in person to a police station, including the elderly, disabled, and those who live in rural or semi-rural communities.
• Transparency and Accountability: All e-FIRs are automatically stamped with a time and reference number. This not only establishes a permanent digital record but also makes it difficult for the police to suppress, tamper with, or delay FIRs. It therefore enhances the accountability of the policing system and enhances trust in the police.
• Standardized Recording of FIR Data: The e-FIR System provides for a standardized means of documenting all FIRs registered with police agencies, replacing an outdated, informal means of recording FIRs. The digitized database also allows for rapid and easy access to data for analysis and reporting, and provides options for coordinating with other agencies. Consequently, the e-FIR System provides for improved capabilities in operational and policy decision-making through enhanced availability, timeliness, and accuracy of data.
• Time and Cost Efficiency: The e-FIR system cuts down the time, effort, and resources required to visit the local police station and physically record the complaint. This results in time, transportation, and administrative cost savings, ultimately leading to greater efficiency of the first response in the criminal justice system. The Inter-Operable Criminal Justice System (ICJS): The Inter-Operable Criminal Justice System (ICJS) is a major project of the Government of India to develop a seamless digital system for criminal justice. The key aim of the system is to integrate all major components of the criminal justice system:

Component	Digital Platform
Police	CCTNS (Crime and Criminals Tracking Network and Systems)
Courts	e-Courts
Correctional Institutions	e- Prisons
Prosecution	e-Prosecution

The ICJS operates on a "single entry, multiple use" principle - when data is entered into the system (an FIR, for instance), it is automatically disseminated to other systems. This eliminates the need for re-entry of data, eliminates potential data entry errors, and ensures that the information on a case is made available in real time to all stakeholders (police, prosecutors, courts, and prisons) in a uniform and transparent way. Enhancing shared use of databases between agencies, the ICJS promotes inter-agency coordination, speeds up criminal investigations, and plays a significant role in enhancing the efficiency, transparency, and technology-enabled access to justice in India.

Challenges and Concerns

The implementation of e-FIR has some limitations, although it has some benefits:

• Digital Divide: There is low access to the internet and limited digital literacy, particularly in rural regions, which can inhibit access.
• Cybersecurity and Privacy Risks: Sensitive information is required to be protected against hacking, unauthorised access, and abuse by means of a security and privacy system.
• Authentication Problems: False or whimsical complaints must be harshly checked and penalised.
• Low Applicability: Grave crimes that need urgent physical investigation might still involve the use of the conventional FIR registration.

Jurisdictional Viewpoint of Electronic FIR Registration

Along with keeping pace with the technological changes, Indian courts have always focused on the need to register a proper FIR. In State of Haryana v. Bhajan Lal, the Supreme Court stressed that the registration of an FIR is the basis of the criminal investigation, and the same principle applies to an electronic FIR, as mentioned by Bhajan Lal. In Arnesh Kumar v. State of Bihar, the court emphasised accountability and transparency in criminal procedure, which is enhanced by the digital audit trail provided by e-FIR systems, State of Bihar.

Best Practices and Recommendations

To have a successful rollout of the e-FIR registration as per the BNSS, the following steps are required:

• Digital Literacy and Awareness: There are many people who do not have digital literacy skills. Awareness and training should be conducted in Panchayats, DLSAs, and police stations for educating the general public, especially women, the elderly, and the less fortunate, on filing e-FIRs. Awareness campaigns on filing FIRs online will help resolve any issue related to digital illiteracy among the populace.
• Ease of Access: It is essential that e-FIRs should be available in all languages listed in the Eighth Schedule of the Indian Constitution. The website for e-FIRs should be user-friendly for ease of use, with icons and voice commands for even novice internet users. There must be provisions for accessibility to persons with disabilities (Website must conform to WCAG standard).
• Robust Cybersecurity: - Since e-FIR contains vital information, it should be protected by end-to-end encryption, and there should be regular cybersecurity audits. e-FIRs must adhere to the Digital Personal Data Protection Act, 2023, so that there are no instances of data breaches or misuse of FIR information. Any such misuse should invite legal action as per the IT Act, 2000 & DPDP Act, 2023.
• System Integration The e-FIR system needs to be integrated with CCTNS (Crime and Criminals Tracking Network and Systems), ICJS (Inter-Operable Criminal Justice System), and state police databases. It will facilitate seamless transfer of FIRs and all information relating to them in the courts and prosecution. The necessity for repeated entry of data will be eliminated, thereby ensuring no loss of data while helping monitor cases right from registration till the trial stage in courts.
• Standard Operating Procedures: There is a requirement for establishing standard operating procedures on the part of the Ministry of Home Affairs and Police Departments for the recording of e-FIRs by police stations. Police need to be trained about the legality of an e-FIR under BNSS, the time taken for acknowledgment of an e-FIR, and how to escalate them in case of any problem.
• Grievance Redressal Mechanism (GRM): GRM is a dedicated helpline and grievance portal established where the complainant can track the progress of e-FIR, file an objection if e-FIR is unregistered, and escalate to higher officers (station in charge level) for accountability at each step of this process.
• Offline-Capable Mobile Application: A minimalist mobile app enabling offline drafting of FIR content, which will be automatically submitted when connectivity is restored, helping complainants in remote areas or with poor coverage.
• Periodic Third-Party Audits and Data Integrity Audits: Periodic technical audits should be undertaken to check for any tampering, deletion, or doctoring of e-FIRs, with audit logs maintained as per the Information Technology Act, 2000, and the DPDP Act, 2023.
• Nodal Officer at Police Station: Police stations should appoint a trained Nodal Officer who will be responsible for tracking the e-FIRs, reviewing preliminary information, and passing on the matter to the investigating officer - with key performance indicators (KPIs) to be included in police accountability reports.
• Sunset Clause and Policy Review Mechanism: Sunset Clause and Policy Review Mechanism is an in-built review clause that should be incorporated into the legislation to assess the impact of e-FIRs every two years, and take feedback from bar associations, civil society, and digital rights organisations to continually enhance the system.

Additional Physical Facilities also maintained conventional FIR mechanisms and assisted e-FIR centers for citizens who are digitally challenged.

Conclusion

The e-FIR, as incorporated under BNSS, marks a breakaway from the colonial tradition of the Code of Criminal Procedure, 1973, and is indicative of the intention of the legislature to create a crime-fighting mechanism, which is technology-driven and citizen-friendly in line with the modern world. The acceptance of e-FIR cannot be considered only as a procedural development but can be regarded as an attempt towards achieving the constitutional goal under Article 14 and Article 21 of the Constitution of India, whereby the justice delivery process would be made accessible for all Indian citizens irrespective of their status in society and place of residence. To ensure that e-FIR fulfills its objective, judicial intervention is necessary at all stages of the process. The mandatory submission of the FIR to the appropriate Magistrate, as envisaged by BNSS, should also be made compulsory for the e-FIR to prevent the dilution of judicial accountability with the use of technology. The example of countries such as Estonia and South Korea shows that the concept of technology-led justice delivery is possible if adequate infrastructure and policy evaluation accompany it. The fact should also be taken into consideration that e-FIR is not the only way out, as it needs to work together with other measures, including the setting up of fast-track courts, increased legal aid, and even police modernization, if any positive results are to be achieved for the common man. In conclusion, the actual success of e-FIR lies not in the number of registrations made via the online portal, but in the extent to which it succeeds in making people feel less afraid of going to the police and getting justice from them.

(Write to the author at ananyasaxena9771@gmail.com.)