Odisha Gazette, No. 568, 06 March 2025

The Odisha G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 568 CUTTACK, THURSDAY, MARCH 6, 2025/FALGUNA 15, 1946

HOME DEPARTMENT

NOTIFICATION

The 28th February 2025

No. 8939—PT3-HOME-CPM-MISC-0213/2023—In exercise of the powers conferred by sub-section (1) of Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) read with Government of Odisha, Home Department vide Notification bearing No. 22520—PT3- HOME-CPM-MISC-0213/2023, dated the 30th June 2024, is pleased to frame the following rules, —

1. Short title and Commencement.—

(i) These rules may be called as "Odisha Registration of e-FIR Rules, 2025''.

(ii) They shall come into force from the date of publication of this notification in the Odisha Gazette.

2. Definitions.—In these rules, unless the context otherwise requires,—

(i) "Electronic Communication'' means the communication transmitted electronically to the official e-mail or mobile of the Police Station or Superintendent of Police of the district or through Citizen Portal of Crime and Criminal Tracking Network & Systems or through Sahayata Mobile App developed on the platform of Crime and Criminal Tracking Network & Systems;

(ii) "Cognizable Offence'' means an offence as defined in Section 2(1) (g) of Bharatiya Nagarik Suraksha Sanhita, 2023;

(iii) "Officer- in-Charge of a Police Station'' means the Police Officer as defined in Section 2 (1) (r) of Bharatiya Nagarik Suraksha Sanhita, 2023;

(iv) "Police Station'' means any post or place as defined in Section 2 (1) (u) of Bharatiya Nagarik Suraksha Sanhita, 2023; and

(v) "e-FIR'' means any information relating to the commission of the cognizable offence electronically transmitted to official e-mail ID of an Officer- in-Charge of the Police Station.

3. General Principles for Registration of e-FIR.—

In the matter of registration of 'e-FIR' the Officer- in-Charge of the Police Station shall comply the following points,—

(i) The Superintendent of Police of the district shall notify the official or registered Closed User Group (CUG) mobil number with WhatsApp and Govt. e-mail address of every Police Station under his jurisdiction;

(ii) The Officer- in-Charge of the Police Station shall display the registered moblie number (CUG) with WhatsApp and Govt. e-mail ID of the Police Station outside the Police Station;

(iii) Whenever any information on cognizable offence is received through official e-mail or otherwise by any electronic means, Officer- in-Charge of Police Station shall maintain an e-FIR or e-Complaint register as prescribed in the Crime and Criminal Tracking Network & Systems (CCTNS) or in the form appended to these rules, vide Annexure-A;

(iv) If the e-FIR or e-Complaint reveals a non-cognizable offence, the Officer- in-Charge of the Police Station shall make a Daily Diary entry and dispose it as such after intimating the complainant. However, if the complainant comes to the Police Station and signs the complaint, then provisions as prescribed under Section 174 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be followed;

(v) Officer- in-Charge of Police Station should further ensure that complainant be informed through e-mail or phone calls to visit the Police Station for signing the complaint for formally registering the FIR to proceed into the matter according to law. A Daily Diary entry in this aspect should be made accordingly;

(vi) If the complainant fails to appear in the Police Station for signing the complaint, then Officer- in-Charge of Police Station shall make a Daily Diary entry;

(vii) On arrival of the complainant at the Police Station, the Officer- in-Charge of Police Station or any Police Officer shall obtain his signature on the hardcopy of the report. The information sent through electronic communication shall only be registered as FIR if the complaint is signed by the complainant within three days;

(viii) Distress Call : If the complaint suggests distress or discloses circumstances which may make it difficult to come to the Police Station, either due to intimidation or fear or wrongful confinement or restraint or complaint is one of offence against women or is grievous in nature, Officer- in-Charge of the Police Station must take steps to rescue and provide necessary help as per circumstances. If address is out of his jurisdiction, he must immediately inform the Officer- in- Charge of the Police Station concerned;

(ix) Even after taking all the measures stated above, if the Officer- in-Charge of the Police Station is unable to get the signature of the complainant and if the complaint discloses a cognizable offence, liberty is given to the Officer- in-Charge of Police Station to take the alternative complaint from the relatives of the complainant or any other person known about the commission of the offence and commence the investigation since the offence committed is not only against the complainant or victim but it is against the State;

(x) On the receipt of any information regarding the commission of cognizable offence which has been committed outside of the territorial jurisdiction of that Police Station, the Officer- in-Charge of Police Station or the officer on duty shall record the details of the complaint in the Zero FIR register, irrespective of the jurisdiction and register the case as Zero FIR or 'O ' FIR under relevant sections of law;

(xi) Preliminary Enquiry,—

(a) Section 173(3) of Bharatiya Nagarik Suraksha Sanhita has also given statutory recognition for conducting of preliminary enquiry of cases with offences punishable with imprisonment of 3 years or more but less than 7 years. The same shall be conducted after the permission from the jurisdictional Subdivisional Police Officer;

(b) If e-FIR or e-Complaint reveals the commission of an offence punishable with imprisonment of 3 years or more but less than 7 years, a preliminary enquiry can be conducted as above. Preliminary enquiry will begin after the complainant has signed the printed copy of the e-FIR, being present in the Police Station, within 3 days of sending the e-FIR or e-Complaint.

(c) The scope of the preliminary enquiry is only to ascertain whether any cognizable offence appears to be committed, then immediately register the FIR under relevant sections of law and investigate case as per law;

(d) Officer- in-Charge of a Police Station or Enquiry Officer shall ensure that the preliminary enquiry is concluded within a period of 14 days as per Bharatiya Nagarik Suraksha Sanhita, 2023 and Daily Diary entry of each step taken under enquiry shall be recorded;

(e) After conducting the enquiry, if Officer- in-Charge of the Police Station or Enquiry Officer comes to the conclusion that no offence is committed, then he will submit his findings to the concerned Subdivisional Police Officer;

(f) Subdivisional Police Officer shall thoroughly examine the enquiry report or findings of the Officer- in-Charge of the Police Station or Enquiry Officer and pass appropriate order as deemed fit within 14 days from the receipt of information, whether FIR has to be registered or otherwise; and

(g) All Subdivisional Police Officers, Officers-in-Charge of Police Station and Enquiry Officers shall maintain the complete record of proceedings conducted in any preliminary enquiry on a day to day basis in chronological order.

(xii) Refusal to Register an FIR or e-FIR : Any person aggrieved by refusal on the part of an Officer- in-Charge of a Police Station to record the information relating to a cognizable offence, may send the substance of such information, in writing and by post, to the Superintendent of Police of the district concerned, in the manner prescribed under Section 173(4) of Bharatiya Nagarik Suraksha Sanhita, 2023.

By order of the Governor

SATYABRATA SAHU

Additional Chief Secretary to Government4

ANNEXURE-A

FORMAT OF e-FIR REGISTER

Police Station

(cid:151)(cid:151)(cid:151)(cid:151)(cid:151) Printed and Published by the Director, Directorate of Printing, Stationery & Publication, Odisha, Cuttack-10 Ex. Gaz. 2354(cid:151)173+50