No separate FIRs needed for cyber crimes if already registered in national portal: Madras HC tells magistrates

CHENNAI: The Madras High Court on Thursday directed judicial magistrates not to insist on separate FIRs if cyber crimes were already registered in the national cyber crime reporting portal, citing that the process of registering the First Information Reports was time-consuming and would delay the release of the scammed money.

"It is brought to the notice of the High Court, Madras, that the cyber crimes are increasing at a fast rate and reporting of complaints are in multiples of 100 each day. Once the complaint gets registered in the portal, the Cyber Crime Police immediately initiates the process of blocking the suspect's bank account u/s.102 Cr.P.C. (108 of the Bharatiya Nagarik Suraksha Sanhita - BNSS) and later, the amount cheated to be released by the trial court under section 457 Cr.P.C. 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 the 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 against cyber offences, the High Court instructed.

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 the registration of FIRs, the magistrates shall dispose of the application, the circular added.

The action taken report filed by the Cyber Police may be treated as a report under section 457 Cr.P.C (503 BNSS), it said.