The Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has introduced a transformative feature in the criminal justice system by enabling e-FIRs, which allow individuals to report crimes online. This digital approach makes it much easier and faster for people to file complaints, offering significant improvements in accessibility. Victims no longer need to physically visit a police station, which can be a barrier, especially for those living in remote areas or facing physical limitations. By allowing online crime reporting, the system aligns with modern technological advancements and addresses the growing demand for more efficient and user-friendly public services. It provides a convenient, streamlined method for individuals to engage with law enforcement, ensuring a more accessible justice process for all, especially vulnerable populations.

However, despite the advantages of e-FIRs, the requirement for individuals to physically sign FIRs within 72 hours poses a challenge to the system’s effectiveness. This physical signature rule undermines the convenience and efficiency of the online filing process. Victims, especially those who have experienced trauma or emotional distress, may find it difficult to revisit police stations within the tight 72-hour window. The added pressure of complying with this requirement can discourage people from following through with their complaints, leading to a delay in justice or, in some cases, underreporting.

In this blog, we will explore the significant benefits of e-FIRs, the difficulties caused by the physical signature rule, and propose digital signatures along with physical signature as a viable solution. We will delve into how digital authentication can enhance the process by making it more accessible, secure, and efficient, while also addressing potential concerns and providing actionable recommendations for improving the system for everyone.

Understanding E-FIRs under BNSS

The BNSS introduces e-FIRs, allowing individuals to report crimes online through emails or dedicated platforms. According to Section 173(1) of the BNSS, people can now report crimes either orally or through electronic communication. This provision highlights the legislative shift towards integrating technology into law enforcement, making the crime reporting process more accessible and efficient. By permitting FIRs to be filed electronically, the BNSS reduces the need for individuals to visit police stations in person, which can be especially challenging for those in remote areas or individuals with mobility issues. This digital approach simplifies the process of accessing justice, ensuring that reporting crimes is easier and more convenient for everyone.

The BNSS also emphasizes the need for sensitive handling of complaints, ensuring that vulnerable groups such as women and children receive the appropriate support during the reporting process. By incorporating technology into the criminal justice system, e-FIRs not only improve efficiency but also contribute to creating a more inclusive, accessible, and citizen-friendly framework for reporting crimes.

Challenges of Physical Signatures

While e-FIRs provide a convenient and efficient way to report crimes, the requirement for individuals to physically sign FIRs within 72 hours creates significant barriers that diminish the system’s effectiveness.

• Accessibility Issues and Time Constraint 

For many victims, the requirement to return to a police station within the 72-hour deadline can present significant logistical and emotional challenges. This is particularly difficult for those who have experienced trauma, such as survivors of domestic violence, sexual assault, or other forms of abuse. Revisiting a police station can not only be physically inconvenient but also deeply distressing, forcing individuals to confront painful memories and relive the traumatic events they’ve endured. The emotional toll of having to revisit a location tied to negative experiences can discourage victims from continuing the reporting process, ultimately hindering their access to justice and support. Additionally, the 72-hour window places unnecessary pressure on victims, who may need more time to process their emotions, gather support, or regain the courage to engage with the legal process. These challenges highlight the need for alternative solutions, such as digital signatures, which could make the process more accessible, trauma-sensitive, and supportive of the emotional needs of victims.

• Administrative Burden:

Requiring physical signatures for e-FIRs takes up valuable time and resources from police officers, diverting their focus from more urgent tasks such as conducting investigations and ensuring community safety. This administrative burden slows down the overall efficiency of law enforcement, potentially delaying response times and reducing effectiveness. The challenges posed by this requirement highlight the need for a more streamlined solution, like digital signatures, which could simplify the process, enhance accessibility, and free up police personnel to prioritize more critical duties.

Digital Signatures: A Practical Solution

Switching from physical signatures to digital signatures offers several practical benefits that can greatly enhance the e-FIR system:

• Better Accessibility Faster and Smoother Process: Digital signatures offer a significant improvement to the FIR process by allowing victims to authenticate their complaints from any safe location, thus eliminating the need for a physical visit to a police station. This is particularly helpful for individuals who live far from police stations or feel unsafe returning to places tied to traumatic experiences. With digital signatures, victims can complete the process securely and conveniently, avoiding the emotional and logistical challenges that come with in-person visits. Additionally, the use of digital signatures streamlines the entire e-FIR process, making it faster and more efficient. Victims can instantly authenticate their FIRs online, bypassing the delays and complications typically associated with physically going to the station, ultimately improving access to justice and ensuring a smoother, quicker reporting process.

• Legally Recognized: Digital signatures are legally recognized under the Information Technology Act, 2000, ensuring their validity and reliability in electronic transactions. They carry the same legal weight as traditional handwritten signatures, making them a secure and trustworthy method for confirming identity and consent. However, one factor to consider is the current cost of procuring digital signatures in India, which can be relatively high and act as a barrier for some individuals. Despite this, legal recognition ensures that digital signatures are accepted in all official matters, including the filing of e-FIRs, providing a reliable means of authentication without compromising the integrity of the process. By adopting digital signatures, the legal system can maintain the same standards of security and validity as with physical signatures, ensuring that the FIR process remains robust and legally binding.

• Reduced Administrative Burden: Digital signatures reduce the administrative workload on police officers. Instead of managing physical visits for signatures, officers can allocate more time to critical duties, such as investigating cases and improving community safety.

Incorporating digital signatures into the e-FIR process can significantly improve convenience, efficiency, and accessibility, while maintaining the legal integrity of crime reporting.

Addressing Concerns About Digital Signatures

• Inclusivity: Recognizing that not everyone possesses technological proficiency is crucial in this transition. To accommodate individuals with limited tech skills, law enforcement agencies can implement user-friendly systems that guide users through the e-FIR process step-by-step. Additionally, there should be two alternatives available: individuals who are not comfortable with technology can opt for physical signing at police stations, while those who possess a digital signature can utilize the online system. This dual approach will widen the scope of e-FIRs and fulfill the original intent behind establishing the e-FIR system, ensuring that all citizens have equal access to justice, regardless of their technological capabilities.
• Security: To safeguard sensitive personal information submitted through digital FIRs, it is essential to adopt robust cybersecurity practices. This involves using encrypted platforms for data transmission and ensuring that all personal data is securely stored. Strong encryption and secure data management systems help protect against potential data breaches or unauthorized access, ensuring the integrity and confidentiality of the information.
• Awareness and Training: Public education and awareness campaigns will help inform citizens about how digital signatures work and their importance in the FIR process. Additionally, police officers will need proper training to use these new technologies effectively, ensuring smooth implementation and minimizing any confusion or errors in handling digital signatures. By addressing these aspects, we can ensure a secure and user-friendly transition to digital signatures in the e-FIR system.

Conclusion: Embracing Digital Transformation in Law Enforcement

As India continues its journey towards modernizing its legal framework through initiatives like e-FIRs under BNSS, it is crucial to evaluate existing processes critically. While requiring physical signatures serves important functions in verifying authenticity and preventing misuse, it also presents significant challenges that could hinder access to justice. By advocating for digital signatures instead of physical ones, we can create a more efficient and accessible FIR filing system that empowers victims while maintaining legal integrity. Embracing this change not only aligns with global trends towards digitization but also reflects a commitment to ensuring that all citizens can report crimes safely and effectively.

In addition to the legal validity and efficiency of digital signatures, there should be two alternatives available to ensure that the system remains inclusive. Individuals who are not comfortable with technology or do not have access to digital signatures can still opt for physical signing at police stations. On the other hand, those who possess a digital signature can fully utilize the online system, streamlining the process further. Care must also be taken to avoid inadvertent bias in investigations. Authorities should not presume that those using digital signatures are more knowledgeable, or that those opting for physical signatures are less literate or capable. Such presumptions could undermine fairness in investigations. Clear guidelines and training for investigating agencies are essential to ensure that both methods of signing are treated with equal weight and respect. There should also be clearer and enforceable guidelines to explicitly prohibit any form of bias in the treatment of signatories. If such biases are detected, authorities responsible should face penalties to reinforce accountability and maintain public trust. By offering these alternatives, the system accommodates both tech-savvy and less technologically proficient individuals, ensuring that no one is left behind. This approach fosters an inclusive environment where technology complements traditional practices rather than complicating them, guaranteeing that every citizen has equal access to justice. The future of crime reporting in India should not only be efficient but also equitable, allowing every voice to be heard without barriers or hindrances.