Discrimination in e-FIR of cyber fraud
Inder Vashisth
The Delhi Police has started registering e-FIRs for complaints of cyber financial fraud involving Rs1 lakh or more from November 1. Earlier, this system was in place for cyber fraud involving Rs10 lakh or more since May this year. Special Commissioner (Crime) Devesh Chandra Srivastava stated that this new system will help victims receive speedy justice. Cyber fraudsters can be identified quickly and the defrauded funds can be frozen quickly
Questions about the Commissioner's competence -
However, this police initiative has given rise to numerous questions and controversies. This has cast doubt on the competence and role of Police Commissioner Satish Golchha . Whether fraud or fraud amounts to One rupees or One Crore are all equal crimes under the law. Legally, FIRs must be registered immediately in all criminal cases, without delay or discrimination. In such a situation, how can Police discriminate by registering e-FIRs only for cyber fraud cases involving Rs1 lakh or more? Is the police only for the rich? By doing this, has the Police Commissioner discriminated and committed injustice against those who have lost less than Rs1 lakh to cyber fraud? This police action will only encourage criminals who commit cyber frauds worth less than Rs1 lakh.
The terror of Cyber Fraud-
This is a well know fact that the police did not register proper FIRs in all criminal cases to hide the crime rate. The situation is such that cybercrime cases are increasing day by day. Yet, the police do not even register proper FIRs in all cases. People have to struggle just to get an FIR registered. Hundreds/thousands of cyber fraud complaints are pending, for the want of FIRs. When FIRs are not registered, how will the criminals be caught? One can only imagine. Now after this new order, the police will not listen at all to the complainants who have lost less than Rs 1 lakh.
SHOs' fun-
Police Commissioner Satish Golcha should disclose the total number of cyber fraud/crime complaints received by the police so far, and how many FIRs were registered in those cases. A retired DCP says that FIRs are not registered in even 10% of cases. By setting a limit of one lakh rupees for cyber fraud cases, Police Commissioner has given , to some extent, SHOs and cyber fraudsters, a free hand.It is now possible that a complainant may go to the police station to file an FIR for fraud/cyber fraud of less than one lakh rupees, and the SHO will refuse to register it and he can mislead the complainant by showing the Commissioner's circular and interpreting it to his own liking. The SHO can claim that the Commissioner's order now allows FIRs to be registered only in cases involving one lakh rupees and above.
Commissioner should show honesty-
If Police Commissioner Satish Golcha truly wants to curb crime and criminals, he should issue a clear and straightforward order, stating that any cognizable offense must be registered (FIR/e-FIR) immediately, without delay, and under the correct sections. Strict action will be taken against SHOs and DCPs who fail to do so. The Commissioner should also ensure that the order is fully implemented. The Police Commissioner should first and foremost immediately remove the one lakh rupee limit for registering e-FIRs. There should be no limit on the amount for registering an FIR.
Has the CP forgotten policing?
Police Commissioner Satish Golcha seems to have forgotten the Broken Window Theory, which supports a police system that focuses on minor crimes. This theory of criminology states that policing methods that target minor crimes, such as vandalism, loitering, public drinking, and fare evasion, help create a lawful environment and prevent major crime.Even a retired IPS officer has stated that this initiative will only encourage criminals who commit cyber frauds involving less than one lakh rupees. FIRs will not even be registered for victims of fraud involving less than one lakh rupees. Registering FIRs based solely on the amount is discriminatory, deeply wrong, and illegal.
Free hand to criminals-
A 1988 batch IPS officer, who retired as Special Commissioner of Delhi Police, says that ignoring frauds involving less than one lakh rupees will greatly encourage criminals. This gives criminals free rein. In such a situation, what will happen to the poor people who lose their money? Who is the police for? How can the police discriminate like this? Lakshmi Narayan Rao, retired DCP of the Special Cell and lawyer, says that fraud is fraud, no matter how much it amounts to. What law says that if the fraud is 99,000 rupees, an e-FIR will not be filed? How can the police set a limit on the amount for registering an FIR?
Flaw in Intention-
A senior IPS officer in the Crime Branch stated that e-FIRs are only available for cyber frauds involving 1 lakh rupees and above. For frauds involving less than this amount, regular FIRs will be filed at police stations, as earlier.
However, this raises the question: if this is the case, why was a circular limiting the amount to ₹1 lakh necessary?
Regular Police stations lack expertise in investigating cyber fraud cases. Consequently, how can investigations involving frauds of less than 1 lakh rupees be conducted properly? How will victims receive speedy justice? However, e-FIRs are investigated by cyber experts from the Cyber Police Station, Crime Branch, and IFSO. It is absolutely unfair to have a discriminatory system for filing FIRs/ investigating cyber fraud cases. This raises doubts about the intentions of police officers.
