The E-FIR Frameworks and Access to Justice: A Comparative Analysis of India and Nepal

Abstract

Background: The FIR is the first step in criminal justice system, and a crucial path towards justice. Due to the issues of complaints not being lodged with police due to discretion, geographical constraints and time lag in the process, as well as the refusal to lodge complaints in the past, India and Nepal have introduced digital platforms to register complaints and an electronic FIR (e-FIR) system. It's not yet clear whether these reforms have been successful, though.

Data Collection: The method used in collecting data for this research is integrated method of data collection, namely comparative doctrinal method and quantitative method. The doctrinal aspect focuses on the legal frameworks, judicial rulings, law reforms reports and official digital-policing tools in India and Nepal with regards to the registration of e-FIRs. The quantitative part involved a pre-designed Google Form survey of the respondents in Ahmedabad, Dhrangadhra and Gogha to gauge their awareness, accessibility, usability, transparency and public confidence about e-FIR.

Findings: India has a robust constitutional and statutory need to register FIRs but this study suggests that there are gaps in the process – procedural gatekeeping, need for physical verification, lack of single digitized infrastructure and difficulties in electronic complaints being converted into FIRs. While the legal system is less developed in Nepal than in other countries, digitalization has made the system more citizen-friendly by allowing complaints and complaint tracking to be done electronically, making it more transparent and accessible.

Conclusions: The study finds that an electronic complaint cannot be realized as a "pure" statutory act. Key components of a successful e-FIR system include digital verification, clear procedures, accountability, accessibility, and safeguards for mandatory complaints to be registered. The study is a novel comparative and mixed methods approach that incorporates a doctrinal understanding of the provisions for legal protection but also explores empirical evidence on the perceptions of the public and the impact of digital policing on legal protection and access to justice in India and Nepal.