LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dushyant Goyal (Engineer)     10 April 2012

Online fir

Recently it has appeared in the media that soon India will be introducing Online FIR filing system wherein any individual would be able to file FIR through online portal. Opinions invited on how much effective this system would come out and what will be its pro's and con's.



Learning

 10 Replies

N.K.Assumi (Advocate)     10 April 2012

What about telephonic filing of FIR? Is it valid and reliable?what is the present trend?

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     10 April 2012

Media mostly forecasts  of the future events likely to happen and one has to wait, wait.... .... and wait  long  to hear further  from the media . 

MANI RAM SHARMA (Advocate)     10 April 2012

Law is a separate matter but lodging of FIR in India even in cases of cognizable offences is at the mercy of POLICE. The Constitutional Courts in India support the view to probe first and lodge FIR later too. Some cases  may be where the police even does not lodge FIR after Magistrate Orders. Police had attacked an ADJ in Bhaglpur (Bihar) and roped a magsitrate ( Nadiad), tortured him and a rally was processed publicly earlier.  There is No law to  bind virtually  Police in India since British Rule.

Dushyant Goyal (Engineer)     11 April 2012

As per my understanding of the very sole purpose of a FIR is to provide first hand information on any crime/offense that has taken place or about to take place. That information need not be supported by documented proof or need to a witness account. FIR is just a priliminary information. Now once the FIR if filed, Police must decide on whether this information has any credibility or not. If yes then they must carry out investigation and if not they may decide to not pursue it further either by themselves or by the order of magistrate. I feel there should not be any apprehention on the part of Police to not register the FIR even for petty crime. We all this is not the real situation. I don't understand why they are afraid of doing so. A very wrong notion among them is that if they file FIR, they have to anyhow pursue the case. This apprehension is more strong in cases relating to some influential persons. And so if this online FIR system is made operational in India, I feel most incidences which go unrecorded due to pressure or fear will now get recorded. This will help common people to have easy access and moreover will save from apathy they face at the hands of Police when they try to get FIR registered by going at Policestation.

Kumar (Family CEO)     12 April 2012

 Online FIR is already in place in several cities in India.

Bombay

https://gms.maharashtra.gov.in/CMS/

Chennai

https://tnpolice.gov.in/mailcomplaint.php

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     13 April 2012

From the website quoted by Mr.Kumar, following "Important Information" can be noted:-


" THIS IS ONLY INTIMATION AND DOES NOT SUBSTITUTE FORMAL COMPLAINT (FIR) TO THE POLICE ".

 

Further, under the heading "Points to Remember",  it  has been specifically stated therein that:-

" TO REGISTER AN F.I.R OR NC YOU MUST VISIT NEAREST POLICE STATION ".

 

In view of the above,  it is felt that ONLINE F.I.R. registration procedure  is still not in place in Maharashtra and perhaps no such procedure is permitted anywhere in India too.  However,  if anyone is having authentic information on this aspect, kindly enlighten further.

MANI RAM SHARMA (Advocate)     13 April 2012

It is purely at the mercy of Police to register or deny registration of FIR. Enclosed is a case wherein Police was interested in  regsiteration of FIR therfore the same has been registered on email and that too in a language which is not Official Langauage of Govt. See and evaluate the power of uncontrolled force .


Attached File : 981628646 fir-12-01-2012-ps ashok nagar.pdf downloaded: 205 times

Kumar (Family CEO)     13 April 2012

Dear Mr Jose and Mr Ram Sharma

In my reading and understanding of FIRs, FIRs are governed under section 154 Cr. P. C. The same is reproduced below for sake of disucssion. 

So, if the above online web applications are used by the complainant to submit information about a cognizable offence, then in my reading it appears that police has a duty to take cognizance of the report. 

So, as long as the complainant "signs" it ( email signature is also a signature ), the report has to be treated as a FIR. 

Take - File the online complaint. Online system produces instant complaint number. Take the online report to Police Station to obtain official report. If Police Stn doesnt take action, escalate to SP with copy of the online as well as official copy.

Source: https://www.vakilno1.com/bareacts/CrPc/s154.htm

 

The Code of Criminal Procedure, 1973 (CrPc)

 

 

154. Information in cognizable cases.

 

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

 

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

 

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

 

Readers: Do not take any action based on my post. I am not a lawyer nor legal or para legal proffessional. Consult a lawyer if you have questions.

MANI RAM SHARMA (Advocate)     14 April 2012

Whether police is bound to lodge FIR or may prefer probe before doing so is a contentious issue in India. The matter of Lalita Kumari Vs State of UP involving the issue has been referred to  Constitutional Bench now. The position is still in doldrums !

Nitish Banka (lawyer)     01 February 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

online FIR in Delhi –

How to file

Online FIR in Delhi can be lodged if you have lost mobile phone.wallet or any documents. The Delhi police has an online portal https://www.delhipolice.nic.in/ on which by just entering basic information you may lodge a Missing Lost articles and NCR report without visiting police station.

Online FIR in Delhi

What is NCR report?

NCR report is non cogniziable report which can be lodged for non-cogniziable offences as mentioned in Indian penal code.

Non Cognizable offence

  • A non-cognizable offence has been defined in Criminal Procedure Code as follows, “`non-cognizable offence’ means an offence for which, and `non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant”.
  • Non-Cognizable offenses are those which are not much serious in nature. Example- Assault, Cheating, Forgery, Defamation.

 

  • Section 155 of CrPc provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.

 

  • Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

Here are some Non Cogniziable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.

Read more at: https://www.lawyersclubindia.com/forum/What-is-meant-by-cognizable-offence-Non-cognizable-offence-5849.asp

Purpose of the Online FIR Portal

Information you need to provide for successful reporting:

1) Name

2) Father’s / Mother’s Name

3) Address

4) Mobile Number (Not Mandatory)

5) E-mail ID

6) Place, Date & Time (if known) of Loss

7) Descripttion of Lost Articles (Can add upto 10 items in one report)

Please Remember:
This portal is not for registering FIR but only NCR that means it is simply an information for record and to facilitate you to get duplicate documents issued.

Police is not going to take any action or try to search for your loss items or documents after this reporting. If you want Police to trace your lost items etc,

please contact your nearest Police Station. List of Contact Details of Police Stations in Delhi.

Please do not use this option if loss is due to theft or some other crime.

Adv. Nitish Banka

9891549997

Lexspeak.in 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register