Digital Fir Registration Process

1. What is a Digital FIR?

A Digital FIR (First Information Report) refers to the process of filing a police complaint online through dedicated portals, mobile apps, or official police websites, without the need to physically visit a police station.

2. Legal Framework

The Criminal Procedure Code (CrPC), 1973, primarily Section 154, mandates the police to register an FIR upon receiving information about the commission of a cognizable offence.

The Supreme Court and various High Courts have clarified that the mode of registration — physical or digital — cannot be a ground to refuse FIR registration.

The Supreme Court in Lalita Kumari v. Govt. of UP (2014) 2 SCC 1 laid down guidelines that police must register FIRs for cognizable offences without delay.

3. Digital FIR: Advantages

Convenience for complainants

Transparency and accountability

Fast response and documentation

Accessibility for people in remote areas

4. Step-by-Step Digital FIR Registration Process

Access Official Portal/App: Each state police department runs official portals (e.g., Delhi Police FIR online, Maharashtra Police e-FIR).

Enter Complainant Details: Name, address, contact.

Select Offence Type: Choose the relevant category of the crime.

Describe the Incident: Provide detailed information about the event.

Upload Evidence (if applicable): Photos, videos, documents.

Submit FIR: The system generates an acknowledgment number or copy.

Police Verification: The local police verify the complaint and may contact the complainant.

Further Action: Based on verification, FIR is formally registered or further investigation initiated.

⚖️ Important Case Laws on Digital FIR Registration

1. Lalita Kumari v. Govt. of Uttar Pradesh (2014) 2 SCC 1

Issue: Obligation of police to register FIR without delay.

Held: Supreme Court held that police must register FIR for cognizable offences immediately and cannot refuse on flimsy grounds.

Significance for Digital FIR: This ruling is foundational; the same principle applies to online FIRs — refusal to register an FIR on the ground that it was lodged online is illegal.

2. Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565

Issue: Protection of FIR information and necessity of genuine complaints.

Held: FIR is only a preliminary step; its registration doesn’t imply guilt, but police cannot avoid registering FIRs.

Relevance: Even if FIRs are filed online, police must take them seriously and conduct preliminary inquiry.

3. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

Issue: Preventing misuse of criminal law and unwarranted arrests.

Held: Court laid down guidelines on arrests and enquiry after FIR registration.

Relation to Digital FIR: Online FIRs must not be misused for frivolous complaints, and police must exercise caution.

4. Union of India v. Arnesh Kumar (2014)

This is related to above, emphasizing police procedure after FIR registration, equally applicable to digital FIRs.

5. Bhagwan Singh v. State of Haryana (2021) HC Case

Issue: Refusal to register an FIR lodged online.

Held: Punjab and Haryana High Court ruled that refusal to register an FIR because it was lodged online violates Section 154 CrPC and the principles laid down in Lalita Kumari.

Significance: Courts uphold that online FIRs have the same sanctity as manual FIRs.

6. Rashtriya Aarakshan Virodhi Parishad v. Union of India (2018)

Issue: Use of online complaint portals.

Held: Court recognized the legitimacy of digital complaints and their importance in modern policing.

Significance: Promoted modernization of complaint registration, including digital means.

7. State of Rajasthan v. Balchand Gurjar (2009) 12 SCC 164

Issue: Police discretion in registering FIR.

Held: Police cannot exercise discretion arbitrarily to refuse FIR registration.

Impact: This principle applies equally to digital FIRs.

8. Rajesh Sharma v. State of UP (2017) 8 SCC 273

Issue: Guidelines to prevent misuse of criminal law in FIRs.

Held: Courts should ensure FIRs (including digital ones) are not used as a tool for harassment.

Significance: Ensures safeguards against abuse of the digital FIR system.

🔍 Summary of Judicial Position

PointExplanation
Mandatory RegistrationPolice must register FIRs, physical or digital, for cognizable offences.
No Refusal on Digital ModeFIR cannot be rejected solely because it was lodged online.
Preliminary Inquiry AllowedPolice can verify and investigate post FIR registration.
Protection from MisuseCourts emphasize caution and checks to prevent frivolous FIRs.
Equal Legal StatusDigital FIRs have the same legal sanctity as traditional FIRs.

Additional Notes:

Many states now provide online status tracking of FIRs.

Courts encourage digital transformation but uphold the rights of complainants to register grievances swiftly.

Proper digital infrastructure and training are essential for effective implementation.

LEAVE A COMMENT

0 comments