Delhi High Court: FIR Via SMS, Email, Whatsapp is Allowed

Most of the people must have heard about the First Information Report (FIR).

Section 154 Cr.P.C 1973 deals with information in cognizable cases. Section 154 reads: 

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. 

(2) A copy of the information as recorded under Sub-section (1) shall be given forthwith, free of cost, to the informant. 

The provision of Section 154 is mandatory. Hence, the police officer concerned is duty-bound to register the case on receiving information disclosing cognizable offence. Genuineness or credibility of the information is not a condition precedent for registration of a case. That can only be considered after registration of the case. [Ramesh Kumari v. State (NCT of Delhi) and Ors., 2006 Cri.LJ 1622].

The recent order by a bench of Justices Manmohan and Sangita Dhingra Sehgal came while hearing a PIL initiated by the court on its own on a woman's complaint alleging inaction by police when she informed it about the alleged abduction of her husband.

The Bench said, "Delhi Police is also directed to consider allowing registration of FIRs with regard to missing persons online by way of SMS, e-mails, WhatsApp. This, in the opinion of the Court, would ensure that the valuable time is not lost and the investigation is carried out in an expeditious manner. In the event, the report is false or the person is found, the FIR can always be cancelled."

In the same order, the Bench had also emphasised that the investigation relating to missing persons above the age of 18 years needed to be transferred within a fixed time frame to the Crime Branch. 

Read the Order Here