In an order passed earlier this month, the Delhi high Court has pressed for the greater use of technological advancements for compliance with procedures under criminal law..Justices Gita Mittal and PS Teji, have asked the State government, the Delhi police, and district judges to suggest the possibility and method for e-transmission of First Information Reports (FIRs) to magistrates under Section 157 of the Code of Criminal Procedure..The order came in the hearing of a criminal application in which one of the submissions by the accused was that there was a delay in compliance of the requirement of Section 157 whereby the police is required to send a report on the commission of an offence to the concerned magistrate for taking cognisance..The High Court went on to state that though Section 157 was enacted when the internet was not available, e-registration of FIRs and their being simultaneously put in the public domain would effectively be in compliance with the requirements of Section 157..The court then observed that the Legislature has not kept pace with development in technology especially when it comes to the criminal procedural code. The bench lamented the fact that delay in procedural compliances often led to acquittals..“The legislature has not kept pace with the development in technology especially so far as Cr. P.C. is concerned. ….[T]here is no reason why the courts cannot use technology as available and mould procedural compliances accordingly without any infraction of the substantive statutory provisions..There are several instances (noted in judicial precedents) where the prosecution has been unable to explain the delay in the compliance which has been treated as fatal to the prosecution cases resulting in acquittals of dangerous crimes.”.The court then placed reliance on two judgments – one delivered by the High Court itself in Court on its own Motion v. State, and the other by the Supreme Court in Youth Bar Association of India in which directions were issued to place all FIRs online..Observing that the Delhi Police is registering all FIRs electronically, the court has sought a similar treatment with respect to communication of FIRs to the magistrates..“We note that so far as communication of the first information report to the Magistrate is concerned, Section 157 of the Cr.P.C. draws no exception. The compliance is mandatory. There can thus be no reservation on account of confidentiality and privacy concerns in such communication..Given the electronic mode of communication which is now available with the police as well as the Delhi judiciary, we see no reason as to why the investigating agency should not resort to utilization of e-transmission of the report to the concerned jurisdictional magistrates with sufficient to ensure timely compliance of Section 157 of Cr.P.C.”.Interestingly, the court has also given certain advantages which e-communication has over ordinary mode of communication..“This would effectively obviate all objections which are taken by the accused persons as well as convicts based on delay in compliance thereof. Most importantly, it would save valuable time and effort on the part of the investigating agency whose services are already stretched beyond capacity and limits…..We also find that illegibly handwritten police documents may create impediments to effective investigation. They also may lead to errors during investigation or even during trial. Certainly, court time is unnecessarily expended in deciphering the statements and several memos/documents (of seizures/recoveries/arrests/searches) which several times are in bad handwritings. It may not be always possible to type out the documents when prepared. There is no reason, however, why a correctly typed record is not prepared, as soon as possible after the event. This would help the police and the trial courts.”.The court has now directed the District judge (Headquarters) to convene a meeting of District judges of the State, Joint Commissioner of Police, Director Prosecution and Standing Counsel (Criminal) for deliberating the issue and has sought a report regarding the same which has to be submitted to the court within four weeks..Read the order below.
In an order passed earlier this month, the Delhi high Court has pressed for the greater use of technological advancements for compliance with procedures under criminal law..Justices Gita Mittal and PS Teji, have asked the State government, the Delhi police, and district judges to suggest the possibility and method for e-transmission of First Information Reports (FIRs) to magistrates under Section 157 of the Code of Criminal Procedure..The order came in the hearing of a criminal application in which one of the submissions by the accused was that there was a delay in compliance of the requirement of Section 157 whereby the police is required to send a report on the commission of an offence to the concerned magistrate for taking cognisance..The High Court went on to state that though Section 157 was enacted when the internet was not available, e-registration of FIRs and their being simultaneously put in the public domain would effectively be in compliance with the requirements of Section 157..The court then observed that the Legislature has not kept pace with development in technology especially when it comes to the criminal procedural code. The bench lamented the fact that delay in procedural compliances often led to acquittals..“The legislature has not kept pace with the development in technology especially so far as Cr. P.C. is concerned. ….[T]here is no reason why the courts cannot use technology as available and mould procedural compliances accordingly without any infraction of the substantive statutory provisions..There are several instances (noted in judicial precedents) where the prosecution has been unable to explain the delay in the compliance which has been treated as fatal to the prosecution cases resulting in acquittals of dangerous crimes.”.The court then placed reliance on two judgments – one delivered by the High Court itself in Court on its own Motion v. State, and the other by the Supreme Court in Youth Bar Association of India in which directions were issued to place all FIRs online..Observing that the Delhi Police is registering all FIRs electronically, the court has sought a similar treatment with respect to communication of FIRs to the magistrates..“We note that so far as communication of the first information report to the Magistrate is concerned, Section 157 of the Cr.P.C. draws no exception. The compliance is mandatory. There can thus be no reservation on account of confidentiality and privacy concerns in such communication..Given the electronic mode of communication which is now available with the police as well as the Delhi judiciary, we see no reason as to why the investigating agency should not resort to utilization of e-transmission of the report to the concerned jurisdictional magistrates with sufficient to ensure timely compliance of Section 157 of Cr.P.C.”.Interestingly, the court has also given certain advantages which e-communication has over ordinary mode of communication..“This would effectively obviate all objections which are taken by the accused persons as well as convicts based on delay in compliance thereof. Most importantly, it would save valuable time and effort on the part of the investigating agency whose services are already stretched beyond capacity and limits…..We also find that illegibly handwritten police documents may create impediments to effective investigation. They also may lead to errors during investigation or even during trial. Certainly, court time is unnecessarily expended in deciphering the statements and several memos/documents (of seizures/recoveries/arrests/searches) which several times are in bad handwritings. It may not be always possible to type out the documents when prepared. There is no reason, however, why a correctly typed record is not prepared, as soon as possible after the event. This would help the police and the trial courts.”.The court has now directed the District judge (Headquarters) to convene a meeting of District judges of the State, Joint Commissioner of Police, Director Prosecution and Standing Counsel (Criminal) for deliberating the issue and has sought a report regarding the same which has to be submitted to the court within four weeks..Read the order below.
