Lodging of e-FIRs will increase burden on investigative process, police tell HC

Oppose plea claiming it could lead to ‘abuse of process of law’

NEW DELHI, 12/02/2018: A view of Delhi High Court, in New Delhi on February 12, 2018. Photo: Sushil Kumar Verma

The Delhi police have opposed before the High Court a petition urging a direction for e-FIRs to be lodged for all offences, instead of only those crimes where the accused is unknown.

In an affidavit, Delhi Police said this could lead to “abuse of process of law” and “settling of personal scores” by unscrupulous online complainants. It said lodging of FIRs online in all cases would increase the burden on the investigative process and will take away the agency’s power to conduct a preliminary inquiry before taking such a step.

Difficult for layman

Delhi police stated that lodging of e-FIRs is “fraught with practical problems” and a layman unfamiliar with the intricacies of the law may not be able to lodge an effective FIR.

“It [e-FIRs] may cause extremely high investigative burden on the police apart from curtailing its power to conduct preliminary inquiry in appropriate cases. It may also give undue latitude as well as opportunity to unscrupulous complainants to nail others by hook or by crook”, the Delhi police’s affidavit said.

Trauma to accused

“In order to settle personal scores, matters with regard to money transactions which are civil in nature will be registered online giving it a colour of criminal case,” the police said.

Apart from that lodging of e-FIRs is likely to cause great inconvenience and mental trauma to the accused, it said adding that the Delhi Police have a very effective internal mechanism through which a complainant can ensure registration of FIR in cognizable offences in the event of refusal on the part of the duty officer of a police station.

The Delhi police in its affidavit has also said that in cases where the victim is a minor or a woman, lodging of e-FIRs could lead to disclosure of their identity.

The petition has sought directions to the Centre, Delhi government and the police to implement online FIR services for all cognizable and non-cognizable offences in the Capital.

The High Court had on Wednesday asked the Centre and the Delhi government to respond to the issue and listed the matter for further hearing on July 12.