Zero FIR is a legal provision that empowers an aggrieved person to file an FIR about a cognizable offence in any police station, irrespective of the area where the offence is committed. The concept of zero FIR was first introduced by the Justice Verma Committee, which was formed in response to the infamous 2012 Nirbhaya gang rape case. Section 154 of the Code of Criminal Procedure mandates the filing of FIR which forms the basis of the implementation of zero FIR in new criminal laws, particularly in section 173 of Bhartiya Nagrik Suraksha Sanhita, 2023. Instead of giving an FIR number registered with the police station, the police will number the FIR as ‘0’. Once it is transferred to the police station with the relevant jurisdiction, an FIR number will be assigned.

The primary objectives of this provision are-

• Provide easy accessibility to citizens.
• Efficient and quicker handling of complaints.
• Transparency and accountability for FIR management.
• Provide speedy redress to the victim. It ensures that the victims don’t have to run from pillar to post to get a complaint registered.

Illustration: If X goes missing in New Delhi, his parents can file an FIR in Mumbai or at any other place. After it is filed, the FIR gets transferred to the police station with the jurisdiction to file the original FIR. And eventually it gets converted into a regular FIR.

INGREDIENTS OF ZERO FIR

1. A cognisable offence must have been committed for the FIR to be filed.
2. It must be communicated to the police station chief verbally or in writing.
3. The informant must write it and sign it.
4. A daily journal should contain a summary of all the FIRs.

LEGAL PROVISION OF ZERO FIR

Section 173 of Bhartiya Nagrik Suraksha Sanhita, 2023 makes a mention of Zero-FIR by stating that –

Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed may be given orally or by electronic communication, and if given to an officer in charge of a police station, —

 (i) orally, it 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;

(ii) by electronic communication, it shall be taken on record by him on being signed within three days 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.

The Ministry of Home Affairs issued a Standard of Procedure to file Zero-FIR and e-FIR following the Bhartiya Nagrik Suraksha Sanhita, 2023 on 28th June 2024 which aims to streamline and simplify the process for citizens to report crimes.

Once the Zero FIR is registered, if necessary, a primary investigation may be carried out by the Investigation officer of the same police station (e.g. Medical Examination of a Rape Victim) before the FIR is forwarded to the police station having jurisdiction over the place of the incident.

The Statement of Procedure also provides a remedial measure for citizens for non-registration of e-FIR and ZERO FIR by a police officer.

ORIGIN

In 2013, the Ministry of Home Affairs issued an advisory notice to the additional chief secretary/principal secretary regarding the registration of FIR under section 154 of Cr.P.C irrespective of territorial jurisdiction and zero FIR. Delay issues were reported in the investigation of the cases relating to the area jurisdictions. Section 482 of Cr.P.C empowers the High Court to quash the proceedings of a criminal case. The fear that, due to territorial jurisdiction, the case may be liable to be quashed under section 482 needs to be dispelled.

As per the Ministry of Home Affairs, the delay in determining the jurisdiction allows the offenders to escape the punishment, which also impacts the victim. The accused must be arrested just after the complaint is registered, as the person committing the offence may escape if the delay is caused on grounds like jurisdiction.

Section 166 A of the IPC invites the prosecution of the police officers in case of failure to comply with the instruction of registering an FIR of the cognizable offence. The police officer can be punished for an offence under section 166 A or a departmental action could be taken against him, or both.

Furthermore, police services are expected to promptly respond to complaints, whether from a male or female.

A system should be established where the police may also be put in a position of appreciation for timely response and punished in case of unnecessary delay.

In continuation of the advisory notice of 2013,  another notice was issued in 2015 in which it was mentioned that the National Commission for Minorities in its Annual Report 2011-12 has suggested that charge sheets should be filed in time, FIR should be promptly registered and Trials should be conducted in time to restore the faith of minorities. It is the responsibility of all state/UTs to ensure that registration of FIR is carried out with utmost promptness and without any discrimination.

CASE LAWS

Satvinder Kaur vs Govt, of NCT of Delhi (AIR 1999, Delhi 1031)

The Supreme Court held that the material collected during the stage of investigation by an investigating officer cannot be the basis for concluding that the particular police station would not have jurisdiction over that case. Under section 156(2) of Cr.P.C, a police officer shall not be prosecuted on the ground that he has no territorial power to investigate the case.

Ramesh Kumari vs Govt, of NCT Delhi (AIR 2006 SC 1322)

The Supreme Court held that under section 154(1) of the Cr.P.C, a police officer is bound to register the case based on details of the case disclosing a cognizable offence. The legal provision stated here anticipates that the FIR shall be registered by police after the information is received about a cognizable offence. The FIR can be  transferred to the relevant police station once the jurisdiction of the case is discovered. Under section 170 of Cr.P.C, the Police must ensure that the FIR is transferred to the relevant police station and the police should be instructed to register a ‘Zero’ FIR in case it becomes evident at the time of registration of the case that the case falls outside the jurisdiction of the police station.

RECENT CASES

In 2023, Ethnic violence exploded in Manipur between Kuki-Zo and Meitei communities, which resulted in over 11,000 reports of zero FIRs being registered. A year after the incident, the reports have been filtered and brought down to 3,000.  The case, in which two Manipuri women were stripped and paraded, was transferred to the relevant police station in Imphal East almost after more than one month from the date of the incident.

Bengaluru’s First Zero-FIR under the new criminal act was filed a few days ago at Cubbon Park Police Station. A private firm employee reported the theft of his laptop at a conference in Hyderabad. The case has been registered under section 305a. Hyderabad police will now investigate the matter further.

CONCLUSION

In our opinion, the introduction of Zero-FIR in the new criminal laws is a significant change in the existing legal system which ensures prompt redressal of grievances of the victim and speedy delivery of justice, thereby making the new laws more victim-centric. This change will undoubtedly prove to be extremely beneficial to the victims or sufferers of any cognizable offence by eliminating the inconvenience of having to run to the police station with the appropriate jurisdiction. As also seen above in the Bengaluru case, the aggrieved person wouldn’t be required to register a complaint in Hyderabad, instead, the police station in Bengaluru will transfer his complaint to the appropriate police station, and it would be the responsibility of the police to whom the FIR has been transferred to visit the spot and carry out the further investigation. Accordingly, the Hyderabad Police will visit the spot. Although the concept of Zero-FIR has been in existence for quite a few years now, its official introduction in the laws would prove to be a boon for the victims.

REFERENCES

1.  Section 173, Bharatiya Nagarik Suraksha Sanhita, 2023, No. 46, Acts of Parliament,2023 (India) 
   https://www.indiacode.nic.in/ Accessed on 20th June,2024.
2. Ministry of Home Affairs “Advisory on no discrimination in compulsory registration of FIR”
   https://www.mha.gov.in/sites/default/files/2023-03/AdvisoryCompulsoryRegistrationFIRs_141015_3%5B1%5D%5B1%5D.pdf
3. “Manipur police register ‘Zero FIRs’ over killings of two Kuki-Zo men,” The Hindu (April 15, 2024, 02.22 am IST)
   https://www.thehindu.com/news/national/manipur/manipur-police-register-zero-firs-over-killings-of-two-kuki-zo-men/article68065933.ece
4. “Ministry of Home Affairs issues SOP to file Zero FIR and e-FIR in accordance with BNS” Latest laws (26 June 2024) Latest laws
   https://www.latestlaws.com/
5. “First Zero FIR under BNS filed in Bangalore for Laptop theft” Times of India (July 21, 2024, 09.09 IST)
   https://timesofindia.indiatimes.com/