Understanding Zero FIR Under BNSS: A Key Reform For Timely Justice

A First Information Report (FIR) is the report prepared by the police officer upon receiving information about a crime. Filing an FIR is the starting point for initiating criminal proceedings in India.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, set to replace the Code of Criminal Procedure, 1973, has among several changes, introduced the provisions of Zero-FIR in certain cases.

What is a Zero FIR?

Zero FIR is a First Information Report (FIR) that can be filed at any police station, irrespective of where the incident occurred. It is then transferred to the police station with proper jurisdiction which then assigns the number and investigates the matter.

Although this rule to transfer the FIR and other relevant documents is not mentioned in the provision, the SOP (Standard Operating Procedure) issued by the central government contains the mandate for the same.

Section 173 of the BNSS provides for the registration of a zero FIR without explicitly using the expression ‘zero FIR’. The term “Zero” signifies that it is not numbered according to the police station’s regular FIR sequence, but it still holds the same legal value as a regular FIR.

This provision ensures that victims do not face unnecessary delays in reporting crimes due to jurisdictional issues. Section 173 of BNSS also recognizes preliminary enquiry for cases punishable with three years or more but less than seven years to establish whether there exists a prima facie case.

Zero FIR is particularly significant in cases of urgency, such as:

• Crimes against women (e.g., rape, domestic violence, sexual harassment).
• Motor vehicle accidents.
• Cases involving grave injuries or offenses.

Legal Framework and Rights

The Courts have consistently emphasized that police must register an FIR if the complaint discloses a cognizable offense (a cognizable offense, generally a heinous offense, is an offense that permits arrest without a warrant).

Courts have reiterated that refusal to register an FIR, even under the pretext of jurisdictional issues, is a breach of duty. The police cannot refuse to register an FIR merely on the ground that a part of the offense has occurred outside the territorial limit of their jurisdiction.

Some key points related to the zero FIR are:

1. No Police Station Can Refuse a Zero FIR: The police are obligated to register a Zero FIR under Section 173 of the BNSS, regardless of jurisdiction.
2. Timely Action is Critical: Victims should insist on filing a Zero FIR without delay, especially in cases requiring immediate medical attention or evidence preservation.
3. Transfer of FIR: After registration, the Zero FIR is transferred to the police station with proper jurisdiction for further investigation.
4. Accountability: If a police officer refuses to file a Zero FIR, the victim can approach higher authorities, including the Superintendent of Police, or file a complaint with the magistrate.

Recent Developments: Changes under BNSS 

In a landmark development, the BNSS also provides for registration of FIR electronically. This provision is a significant relief for women. Some key changes, introduced by BNSS with regard to victims and their rights include:

• E-FIR: Digital registration of FIRs is mandatory, which also ensures transparency by preventing manipulation of crime records.
• Right to Be Informed: Victims have the right to know the status of their cases under BNSS
• Right to get a free copy of FIR: Victims also have the right to a free copy of the FIR under the BNSS.
• Enhancing Victim Participation: BNSS has mandated that in various crucial trial proceedings, victims get an opportunity to be heard at important stages of the trial.
• Protection of Victim’s Interest upon Withdrawal of a Case: BNSS also provides for consultation with victims before the prosecution can withdraw a case.
• Right to Approach Higher Authorities: If the police refuse to register an FIR, victims have the right to seek legal remedies, including approaching the Superintendent of Police or filing a complaint with the magistrate.

Common Challenges 

While the law is clear, victims often face hurdles such as:

• The reluctance of police officers to register a Zero FIR.
• Lack of awareness about their rights.
• Procedural delays during the transfer of the FIR.

This is why seeking legal advice becomes necessary as such cases require specialized legal expertise for pursuing appropriate remedies in cases of police inaction or misconduct. Thus, individuals must invest in skilled legal advocacy to protect their interests and achieve excellence.

Contact Ashwarya Sinha for Criminal Cases.

Conclusion

Individuals being aware of their rights and the legal procedures involved can make a significant difference in addressing grievances effectively.

The concept of Zero FIR is a powerful tool for victims seeking justice. These measures aim to reduce procedural bottlenecks and make justice more accessible for victims as justice delayed is justice denied.

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