Zero FIR is an important change in India’s criminal justice system that permits any police station to file an FIR for a cognizable offence, irrespective of jurisdiction. Implemented following the suggestion of the Justice Verma Committee after the 2012 Nirbhaya incident, it guarantees swift action without hindrance from jurisdictional limits.
The idea of Zero FIR, designed to guarantee quick filing of crimes regardless of jurisdictional limits, is an important aspect of criminal law in India.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which supplanted the Code of Criminal Procedure on 1 July 2024, effectively addressed that omission by incorporating the Zero FIR, which was previously just a judicially developed practice, into law, along with a new entitlement to report a crime electronically via an e-FIR.
This guide details who can file a Zero FIR, the Zero FIR Section in the BNSS, the Zero FIR Section 354 for female protection, the difference between FIR and Zero FIR, and the legal obligations of a police officer when you enter (or log in), and the remedies available to you if they refuse.
Legal Framework - Zero FIR Section in BNSS
-
Section 173(1), BNSS, allows reporting of any cognizable offence through oral means or electronic communication, regardless of the location of the incident; oral reports must be documented and read back to the informant for their signature.
-
Section 173(1), proviso, electronic (e-FIR) details are recorded only after the informant provides their signature within 3 days.
-
Section 173(1), proviso for female victims, mandates that when the accused crime pertains to BNS Sections 64–71, 74–79, or 124 (sexual and related crimes), a woman police officer must document the information.
-
Section 173(2), BNSS, a copy of the documented information must be provided at no charge, immediately, to the informant or victim.
-
Under Section 173(3), BNSS, for crimes punishable by 3 years up to 7 years, the officer-in-charge may, with prior approval from an officer at least of Deputy Superintendent of Police rank, carry out a preliminary inquiry (to be finalized within 14 days) before deciding on registering an FIR — rather than doing so right away.
-
Section 175, BNSS, redress for denial: a complainant may contact the Superintendent of Police, and, if unsuccessful, the relevant Magistrate can order the registration of the FIR.
-
Section 199(c), BNS, states that a public servant who neglects to document information according to Section 173(1) for certain serious crimes (including sexual offences outlined in BNS Sections 64–71) commits an offense that is punishable by rigorous imprisonment ranging from 6 months to 2 years, along with a fine.
Advantages of Zero FIR
• Jurisdiction cannot prevent the registration of an FIR: Police must not refuse to file an FIR for a crime based solely on jurisdictional issues.
• Safeguards rights of Victims: Safeguards the rights of victims and witnesses by quickly documenting their Complaint wherever they may be.
• Fosters trust in the justice system: By enabling prompt FIR registration, it guarantees that the investigation commences promptly, irrespective of the victim's location during the FIR registration. This instils confidence in the criminal justice system and motivates victims to step forward without fear or hesitation.
• Encourages efficient law enforcement: Guarantees that the state apparatus is quickly engaged, preventing possible lags in the investigation that can significantly affect the chances of apprehending or losing the culprits.
• Document Offenses When Location is Unknown: Such as cybercrimes.
Who can file a Zero FIR?
Any individual is allowed to submit a Zero FIR. A victim or informant may visit any police station to submit a Zero FIR, irrespective of the incident's location.
Step-by-Step: How to File a Zero FIR?
According to Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a Zero FIR may be lodged at any police station, irrespective of jurisdiction, but solely for cognizable offenses.
Step 1: Visit Any Police Station
• Visit any police station, regardless of the location of the crime.
Step 2: Document the Complaint
• The officer will record your complaint in the Zero FIR log.
• If you provide the information verbally, the officer will record it and read it back to you for confirmation and your signature.
• If you provide the information electronically, it must be signed within three days.
Step 3: Carry Out an Initial Investigation
• If the offense is severe, the officer might carry out an initial investigation within 14 days, with approval from a senior officer.
• If sufficient evidence is present, a thorough investigation will proceed.
Step 4: File the Zero FIR
• The officer will file your complaint as a Zero FIR and provide you with a free copy.
Step 5: Main Inquiry
• The same police station can initiate an initial investigation if needed, such as organizing a medical examination in cases of rape.
Step 6: Relay the Zero FIR
• The Zero FIR is submitted to the police station responsible for the area where the crime took place.
Step 7: Re-registration
• The Zero FIR will be re-registered as a regular FIR by the receiving police station.
Step 8: Allocation to Investigating Officer
• The investigating officer is assigned the case by the Station House Officer (SHO).
Step 9: Carry Out the Inquiry
• The officer in charge will collect evidence, question witnesses, and take required steps to resolve the case.
Step 10: Share Progress Reports
• You will receive regular updates regarding the investigation.
Remedies for Non-Registration of Zero FIR
If the police decline to file a Zero FIR for a cognizable offence, you may mail a written complaint to the Superintendent of Police, outlining the offence according to Section 173(4) of BNSS. If the Superintendent determines that the information reveals a cognizable offence, they will instruct the filing of the FIR and either investigate the matter personally or delegate it to a subordinate officer.
Should the Superintendent decline as well, you may file a complaint with the Magistrate (of First Class) under Section 175(3) of BNSS. This guarantees the presence of higher authorities for appeals, upholding police responsibility.
Zero FIR under Section 354
A Zero FIR under Section 354 of the IPC (now aligned with Section 74 of the Bharatiya Nyaya Sanhita) can be filed at any police station, irrespective of the location of the assault or the affront to modesty.
Essential Elements of Zero FIR for Section 354
-
No Jurisdictional Barrier: A police officer must not decline to file a complaint under Section 354 (assault or use of criminal force against a woman with the intent to violate her modesty) simply because the event occurred beyond their territorial limits.
-
Assigned Serial Number '0': It is first recorded without an official serial number (designated as '0') and is subsequently moved to the police station responsible for the actual crime scene for official numbering and examination.
-
Obligatory Responsibility: According to Section 166A of the IPC / Section 221 of the BNS, a police officer who declines to file an FIR for offenses against women, such as Section 354, faces severe legal repercussions, including jail time.
-
Special Recording Guidelines: In cases of offenses against women, the victim's statement should preferably be taken by a female police officer in a location chosen by the victim, like her home.
Difference between an FIR and a Zero FIR
A First Information Report (FIR) is the initial stage in the criminal justice system. It serves an essential function in initiating legal action whenever a cognizable offence occurs. Understanding FIR is essential not just for law students and those preparing for competitive exams but for all citizens, as it safeguards legal rights and guarantees police responsibility.
What does First Information Report (FIR) mean?
A First Information Report (FIR) is a written record created by the police upon receiving information regarding the occurrence of a cognizable crime. It is termed “first” as it represents the initial information that arrives at the police about a crime.
While the term FIR is not explicitly defined in the Indian Penal Code (IPC) or the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, it typically refers to the information regarding a cognizable offence documented by the police under Section 173 of the BNSS, analogous to Section 154 of the previous CrPC.
Characteristics of an FIR
-
It is typically a grievance filed by the victim or by someone representing them.
-
Anyone can submit an FIR, either verbally or in written form.
-
It signifies the formal commencement of a law enforcement inquiry.
-
It assists in stopping the alteration or creation of information at a subsequent point.
What does Zero FIR mean?
A Zero FIR is a type of FIR that can be filed at any police station without regard to territorial jurisdiction upon receiving information about a cognizable offence. It is documented to guarantee prompt response and to avoid delays in critical situations. This type of FIR does not receive a standard number and is consequently labeled as “Zero.”
Following registration, it is sent to the relevant police station, which then allocates a standard FIR number and conducts the investigation.
Zero FIR under Cognizable Offences
-
Cognizable offences are those where the police can file an FIR and detain the suspect without needing a warrant.
-
The police are able to initiate an investigation independently without needing prior authorization from a Magistrate.
-
These crimes are typically grave in nature and impact public order, safety, or ethics.
-
Prompt law enforcement intervention is deemed essential to avert additional damage or loss of evidence.
-
FIR for cognizable offenses is filed according to the applicable sections of the BNSS, 2023 (previously CrPC).
-
Examples: Homicide, sexual assault, abduction, theft, dowry-related death, and serious injury.
Non-Cognizable Offences
-
Non-cognizable offences are crimes where the police lack the power to make an arrest without a warrant.
-
The police are unable to initiate an investigation without obtaining prior approval from a Magistrate.
-
These offenses are relatively minor and typically concern private conflicts.
-
The police document the information, and the complainant is encouraged to visit the court for suitable orders.
-
The police commence their investigation only when ordered by the court.
-
Examples include: Defamation, public disturbance, basic cheating cases, criminal threats, and minor injury.
What Happens Following the Filing of an FIR?
-
Investigation starts: Authorities promptly start an inquiry into a cognizable crime under BNSS, 2023, without needing prior authorization from the court.
-
Evidence Gathering: Testimonies from witnesses, documentation, digital records, and forensic evidence are gathered to determine facts.
-
Detention of Suspects: Suspects can be apprehended if legal criteria are satisfied, and custodial questioning is essential.
-
Search and Seizure: Law enforcement performs valid searches and confiscates items related to the crime, ensuring accurate documentation.
-
Medical & Forensic Examination: A medical examination of victims or suspects is performed as necessary to aid the investigation.
-
Police Report Submission: If evidence is adequate, police prepare a charge sheet; if not, they issue a final report.
-
Court's Examination: The court can acknowledge, approve the report, or request additional inquiry if dissatisfied.
Conclusion
A Zero FIR is a procedural mechanism that allows individuals to report criminal activity regardless of their location or the location of the incident. It was implemented in 2013 based on the suggestions of the Justice Verma Committee. Its goal is to promptly help victims and prevent any unwarranted delays in crime reporting.
The significance of Zero FIR is far more pronounced in today's Internet era, where cybercrimes occur, and often it becomes nearly impossible to identify the location from which the crime was committed. In situations like these, the idea of Zero FIR spares individuals from unwarranted mental distress.
FAQs
Q1. Can law enforcement decline to register a Zero FIR?
Not at all. Each police station is obligated by law to file a Zero FIR for cognizable offenses (serious crimes that allow police to make arrests without a warrant).
Q2. Is a Zero FIR acceptable?
Yes. It is a completely legitimate legal document as soon as it is filed.
Q3. What happens after a Zero FIR is filed?
The receiving police station logs it under the number "0" and subsequently sends it to the correct jurisdictional station, which then re-registers it with a standard serial number and proceeds with the investigation.
Q4. Will I receive a free copy?
Yes. The victim or informant must be given a free copy of the FIR right away.
Q5. What happens if the police decline to document it?
You may contact the Superintendent of Police (SP) as per Section 173(4) of the BNSS.