Do not insist on separate FIRs if cybercrime already registered on national reporting portal: Madras HC

CHENNAI: The Madras High Court has directed the judicial magistrates not to insist on separate FIRs if cybercrimes are already registered on the national cybercrime reporting portal.

"It is brought to the notice of the High Court, Madras that the cybercrimes are increasing at fast pace and reporting of complaints are in multiples of 100 each day. Once the complaint gets registered on the portal, the Cyber Crime Police immediately initiates the process of blocking the suspect's bank account under section 102 of CrPC (108 BNSS) and later for the amounts cheated to be released by the trial court under section 457 of CrPC. However, when the complainant approaches the trial court for the release of said cheated amount from the account which had been blocked/frozen with the relevant bank details, the trial courts insist on the registration of FIRs, which consumes time and delays the release of money," a recent circular from the registrar general of Madras High Court said.

"Therefore, the learned Judicial Magistrates are directed not to insist on separate FIRs being registered based on an application filed u/s 457 CrPC in the matters/complaints which have already been registered in the National Cyber Crime Reporting Portal - NCRP (www.cybercrime.gov.) against cyber offences.

"The magistrates shall call for a report from the Cyber Police who may file an action taken report, affirming registration of the information and freezing of the amount in the bank after detecting the trail of money. If there is a nexus between the amount frozen, and the amount reported by the complainant cheated, then, without insisting on registration of FIRs, the magistrates shall dispose of the application. The action taken report filed by the cyber police may be treated as a report under section 457 CrPC (503 BNSS)," it said.