All You Need Know About E-Petty Case

Introduction

As the name refers to, petty crimes are minor offenses that are less serious or heinous than major crimes such as murder, rape, culpable homicide, etc. These are blue-value crimes like theft, shoplifting, vandalism, public inebriation, assault or erratic behavior. Recently, a new concept named the e-petty case has been introduced by the police which refers to minor legal crimes which are recorded or handled electronically or online and can be resolved in a swifter manner. It is an evidence-based enforcement tool used to bookcases with complete evidence for small crimes or violations including street fights, public drinking, road rage, traffic violations, and gambling, among others. The e-petty case system shows up the data of repeat offenders at the time of the charge sheet, enabling the judiciary to impose better and regulated punishment.

Recently, the Telangana state police launched a full version of the e petty case mobile application to record all such pretty crimes, and it became a huge success in the Hyderabad city as per the police informant. The e-petty app has resulted in a decline in serious crimes of about 35 to 40% in one year and has helped the police to facilitate the registration of cases online through a tab. It captures the photographs of the suspects, records crime scene details, geotags the crime scene location and digitally collects the evidence on the spot. The best feature of the e-petty app is that it shows the data of repeat offenders, helping the police administration to initiate stricter actions towards them. 

The most important feature of an e petty case is that it has provided accessibility to the individuals to navigate the legal system in a more easy and accessible manner due to online filings and hearings leading faster resolutions. Faster resolutions have made it more efficient for all the parties involved. Since these cases involve lower stakes, a lower cost is involved, making it cost-effective. Familiarity with the process empowers individuals to advocate for themselves, giving them a sense of empowerment in handling legal matters. It saves time for the applicants and reduces the need for physical court appearances. E petty cases encourage alternative methods for resolving disputes through mediation or arbitration, which is less complex and more collaborative. Streamlining petty cases has helped to reduce the burden on the Indian courts and allowed them to focus on more complex cases rather than handling of minor disputes.

Legal Framework Related to E Petty Case 

In India, the code of criminal procedure governs the procedure for the administration of criminal justice in India and outlines the prosecution, investigation, arrest, and trial of petty cases. While the code of criminal procedure primarily addresses serious criminal offenses, certain minor offenses are processed under this framework and might involve electronic summons or online hearings for minor violations. The jurisdiction is determined by the nature of your offense and location where it has been committed. For minor offenses, an appropriate magistrates' Court has the jurisdiction to try the case and permit the electronic filings. It also provides guidelines for penalties relating to minor offenses including fines rather than imprisonment, keeping in alignment with the concept of e-petty cases.

In many jurisdictions, specific traffic laws are opting for ex-petty cases to deal with violations and allow electronic payment of fines and online hearings for minor infractions and resolving minor disputes. Various state governments have introduced an e-governance framework to facilitate electronic filings and processing of petty cases and also includes information technology laws governing data protection and electronic transactions.

There are many limitations involved with the sense of legal framework when it comes to e-petty cases, as it does not apply to civil disputes and serious offenses. Every jurisdiction has specific rules that govern the courts that handle petty cases, and it may vary from one area to another. While e-filing is becoming more prominent, certain procedural steps are still required to be filed in the Court through a regular way and in-person attendance is required depending upon the gravity of the offense committed.

What Are The Offenses Which Fall Under E-petty Case 

Generally, petty offenses are considered to be those offenses that can be punished with a maximum of 3 years in prison under the Indian Penal Code or any other applicable law. For instance, criminal breach of trust, theft, extortion, stalking women, unreasonably following or trying to contact a woman without consent, trespassing a stranger's property without authorization, etc. 

Downloading or uploading any copyrighted content without the consent or authorization of the registered copyright owner of the is a criminal offense under Section 63 of the Copyright Act 1957 and is punishable by a minimum imprisonment of 6 months and a minimum fine of ₹50,000. Similarly, smoking in a public space is also a punishable act in India as per Section 4 of the Cigarette and Other Tobacco Products Act 2003 and can attract a penalty of ₹200 for the violation. Here, the public has been defined as a hospital building, railway waiting room, amusement center, restaurants, public office, court building, educational institutions, libraries, public convenience spaces, etc.
Giving a corporal punishment to a child up to 18 years in schools is also classified as a petty offense which can lead up to an imprisonment of over 3 years and a fine of ₹1,00,000, if the child has suffered physical or mental harassment in the school as per the Right of Children to Free and Compulsory Education Act 2009.

Conviction of minor criminal offenses even if processed electronically can lead to a permanent record of an individual reflecting in police records and can be accessed during background checks while applying for loan or any other governmental scheme. Violation of traffic rules might not lead to a criminal record but can always lead to endorsement on the driving license of an individual and can have significant implications in the future. Such records might be reflected and may impact the job prospects of an individual, specifically in private sectors wherein background checks are a part of the procedure and might reflect as a bad record on a person. These cases might look pretty but have significant impact on an individual's criminal record, and it is essential to navigate them effectively and avoid them at all costs.

How To Check E-petty Case Status:

1. You can visit the e-Court's official website to check the status of your case and can search by putting in the FIR number. One needs to select the state and district to check the status of your case. 
2. Enter at least 3 characters in the box presented and put either petitioner, plaintiff, complainant, respondent, defendant, accused or extra party name and in the year box insert the case registration year. 
3. You need to select the pending or disposed option button as per the status of the case, or click on both options if the case status is unknown to you.
4. Enter the captcha as shown on the screen in the text box provided and click on Go button to view the case details for the provided FIR number. 
5. Select the ‘Go’ button to get a list of cases matching the given party name.
One can also refer to the tutorial video given on the website to learn how to check the status of a case. Some states have provided official mobile application to check the case status and if one faces any trouble in checking the online status, they can always consider contacting the relevant court for any assistance.  To keep the records handy, registration of mobile numbers has become a mandatory insertion while logging in such apps.

Conclusion:

In conclusion, understanding e petty cases in India is crucial to effectively manage your minor legal disputes which are governed by legal frameworks like Code of Criminal Procedure and local laws. While fines of these offenses appeared to be minor, their potential impact on one's criminal record can be significant affecting future employment opportunities and credit score. Familiarity with the procedure such as checking case status online empower the individuals to manage their legal issues proactively.