Digital FIR and E-Procedures under BNSS: Ushering in a New Era of Criminal Justice in India

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Digital FIR and E-Procedures under BNSS: Ushering in a New Era of Criminal Justice in India

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is not merely a replacement for the colonial-era Code of Criminal Procedure (CrPC); it is a bold step toward creating a modern, tech-enabled, transparent, and citizen-centric criminal justice system. One of the most transformative features introduced by the BNSS is the integration of digital procedures, particularly the filing of Digital FIRs, video recordings, electronic summons, and e-evidence.

This blog post explores the implications and practicalities of Digital FIRs and E-Procedures under BNSS, along with their benefits, challenges, and what citizens and legal professionals should know.

🔍 1. What is a Digital FIR?

A Digital FIR is a First Information Report that can be filed electronically—either through a website, mobile app, or designated police email or portal—without requiring the informant to visit a police station physically.

Under the BNSS 2023, the process of lodging FIRs is expected to evolve into a digital-first mode, especially for cognizable offences.

⚖️ 2. Legal Recognition of Digital FIR under BNSS

Though the term “Digital FIR” is not explicitly defined, Section 173 of BNSS (replacing Section 154 of CrPC) now recognizes electronic modes for filing complaints and recording information.

Key Points:

  • FIRs can be filed electronically, including through mobile apps or online portals.

  • Police officers are bound to record such information and register an FIR if it discloses a cognizable offence.

  • The digital complaint must be followed by physical signature or verification, if required later.

📲 3. BNSS and E-Processes: A Broader Framework

Beyond Digital FIRs, BNSS proposes various tech-integrated measures such as:

  • E-Summons and E-Warrants (Section 69 & 70)

  • Electronic Service of Notices

  • Video Conferencing for Proceedings

  • Electronic Record of Confessions, Evidence & Statements

  • Digital Case Diaries maintained by police officers

  • Electronic Tracking of Arrest and Custody

All these signify a digital revolution in how criminal cases will be reported, processed, and adjudicated.

🧠 4. Benefits of Digital FIR and E-Procedures

  1. Convenience & Accessibility: Victims can file FIRs from home, especially in emergencies or remote areas.

  2. Faster Action: Police receive immediate intimation and can act faster.

  3. Transparency: Digital trail reduces scope for tampering or refusing to file complaints.

  4. Women and Vulnerable Groups: Filing FIRs without physical presence empowers women, elderly, and disabled persons.

  5. Accountability: Digital records create logs of police response time, ensuring improved governance.

💡 5. How Will Citizens File a Digital FIR? (Future Vision)

Under the implementation of BNSS, it is expected that each State Police Department will offer:

  • An official online FIR registration portal.

  • A mobile app to upload complaint details and documents.

  • A dedicated helpline or WhatsApp number.

  • Auto-generated FIR acknowledgment number and case tracking system.

This structure may closely resemble how online FIRs are currently being filed in states like Delhi, Maharashtra, and Uttar Pradesh.

🧾 6. Process of Digital FIR Filing (Illustrative Steps)

  1. Visit the official State Police FIR Portal.

  2. Click on “e-FIR / Report Incident”.

  3. Fill in details: name, contact, time/place of incident, nature of offence.

  4. Upload supporting documents, if any.

  5. Submit and receive FIR Number on email/SMS.

Important: For certain serious cases, a follow-up physical visit for identity verification may be needed.

🔐 7. Legal Safeguards and Authenticity

BNSS ensures that electronic records are:

  • Treated as valid evidence under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023.

  • Digital FIRs carry same legal weight as handwritten FIRs.

  • Police are under duty to enter digital FIR in the case diary and proceed with investigation.

These safeguards make sure the sanctity of the FIR is preserved even in digital form.

👮 8. E-Summons, E-Warrants, and Digital Justice Delivery

Sections 69 and 70 of BNSS allow:

  • Courts to issue summons or warrants via electronic means—email, SMS, or official app.

  • Service of summons to witnesses or accused through WhatsApp or other messaging platforms.

  • Courts and police to maintain electronic registers of summons, arrests, and bails.

This will drastically cut down delays and errors caused by manual service of documents.

📹 9. Video Conferencing and Virtual Hearings

BNSS explicitly encourages:

  • Recording of witness statements via video.

  • Court hearings through virtual mode, especially in remand, bail, or procedural hearings.

  • Use of mobile devices for recording confessions or identifications.

This provision is in line with Supreme Court guidelines and post-COVID innovations in virtual justice delivery.

🧾 10. Challenges and Ground-Level Realities

While the vision is progressive, there are certain challenges:

  • Digital literacy among rural population remains low.

  • Poor internet infrastructure in many areas.

  • Lack of standardization across states for digital FIR platforms.

  • Training for police officers and judicial staff on digital tools is still evolving.

  • Concerns about data privacy, misuse, or false FIRs.

These must be addressed through a nationwide digital justice policy.

👩‍⚖️ 11. Judiciary’s Support to E-Processes

Indian courts have consistently supported digital transformation:

  • Supreme Court in 2020 allowed video hearings during the pandemic.

  • High Courts like Delhi and Bombay permit e-filing of cases, documents, and bail pleas.

  • E-Courts Mission Mode Project is already live in many districts, easing the integration with BNSS.

🧭 12. What Should You Do As a Citizen?

If BNSS is implemented in your state:

✅ Check whether your police station supports digital FIR filing.
✅ Keep a record of complaint number and screenshots.
✅ Demand acknowledgment and FIR copy from police.
✅ Use email, online portals, or helplines when physical access is difficult.
✅ Approach the Superintendent of Police or Magistrate if FIR is not registered.

🧩 13. Role of Lawyers and Legal Professionals

  • Guide clients on e-filing of complaints.

  • Assist in preparing structured digital complaints with evidence.

  • Use electronic summons and advocate for virtual proceedings.

  • Demand accountability from police in digital FIR tracking.

📝 14. Sample Digital FIR Format

Online FIR Format Example (Illustrative Only)
Name: Priya Sharma
Contact: 9876543210
Email: priya.sharma@example.com
Address: New Delhi
Incident Date: 05/06/2025
Location: Patel Nagar Metro Station
Description: My purse containing ₹5,000 and Aadhaar card was stolen. The suspect fled from the spot.
Type of Offence: Theft (Sec 303 BNS)
Attachment: CCTV Screenshot
Submit ✔️

🔚 15. Conclusion: Towards a Smart and Swift Criminal Justice System

With Digital FIRs and e-procedures, the BNSS 2023 envisions a system where the common citizen can access justice without fear or delay. If implemented effectively, this could dramatically reduce corruption, inefficiency, and manipulation in the current FIR system.

For India, a country with over a billion people and vast legal backlogs, technology is not just a tool—it is a necessity for justice.

📞 Need help in filing a digital FIR or understanding your legal rights under BNSS?
Contact Advocate Anurag Gupta
📱 Mobile: 8240642015
💬 WhatsApp: 8931942803
📧 Email: gripshawlaw2005@gmail.com


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