Concept of Zero FIR under Criminal Law: Section 173 BNSS

What is a zero FIR?

‘Zero FIR’ has nowhere been defined under any law including Bharatiya Nagarik Suraksha Sanhita (BNSS) (previously, Indian Penal Code). ‘First information report’ is the information of a cognizable offence given to the police officer, first in the point of time. ‘Zero FIR’ is an FIR registered in the police station not having territorial jurisdiction over the offence. It is known as ‘zero FIR’ because it given the serial number ‘O’ when registered.

For instance, a cognizable offence has been committed at place X, however, the victim can register FIR at police station at place Y. If such FIR is registered, it is known as ‘zero FIR’.

Rationale behind zero FIR

The rationale behind ‘zero FIR’ is to provide immediate help to the victim of a cognizable offence (where police can arrest the accused without warrant). It provides a quick and convenient aid to the victim, without running from one place to another for registering FIR, thus delaying the process. After the registration of the ‘zero FIR’, it is transferred to the police station having jurisdiction and there the case is re-registered and investigated.

Recommendation of Justice Verma Committee (2012)

As a consequence of Delhi Gang rape case, Justice Verma Committee was constituted with Former Chief Justice JS Verma as its Head. Justice Leila Seth and Gopal Subramanium were two members of the committee. The mandate of the committee was to look into the possible amendments in the criminal law to provide for quick trial and enhanced punishment for the sexual assault of extreme nature against the women.[1]

The Committee submitted its report on 23 January 2013. Along with recommending numerous changes in the criminal laws relating to sexual offences against women, the Committee also recommended ‘registration of FIR irrespective of the jurisdiction’ in the following words: “In addition to every individual being able to register an FIR at any police station irrespective of the jurisdiction in which the crime was complained of in writing…...”[2]

Although the term ‘zero FIR’ has not been used in the Report, the words used here implies the provision related to zero FIR. As a consequence of the recommendations of the Committee, Criminal Law (Amendment) Act, 2013 was enacted which introduced a comprehensive amendment in the criminal laws. No provision related to zero FIR was introduced in any of the criminal laws.

Zero FIR under Cr.P.C

Section 154 of the Cr.P.C dealt with FIR. However, it did not provide for ‘zero FIR’. There was a lack of explicit provisions related to zero FIR.

This gap was filled by the judicial interpretation in the cases such as Satvinder Kaur v. State andLalita Kumari v. State of Uttar Pradesh. In Satvinder Kaur case, it was held by the Supreme Court that women have right to lodge complaint irrespective of the place where the incident occurred. In Lalita Kumari case, it was held that held registration of FIR as mandatory if it discloses commission of a cognizable offence.

Zero FIR under BNSS

Section 173 of the BNSS reads as follows:

“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 to an officer in charge of a police station, and if given-

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;
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 by rules prescribe in this behalf:

Provided that……………………………………..”

It can be noted here that Section 173 (1) of the BNSS provides for ‘zero FIR’. The words used here is: ‘irrespective of the area where the offence has been committed’. Although the term ‘zero FIR’ has not been used in the provision itself, it implies the provision of zero FIR.

Therefore, zero FIR can be registered by the officer in charge of the any police station. The offence must be a cognizable offence as defined under Section 2(g) of BNSS. It is an offence for which the police can arrest the accused without warrant. Such information can either be given in writing, or orally or through electronic communication.

If the FIR is in writing, or is reduced in writing (if information is given orally, it must be reduced in writing), it should be read over to the informant and be signed by him/her.

In case of electronic communication, it must be taken into record, on being signed by the informant within 3 days and the substance to be entered in the book. With the prior approval of the officer not below the rank of Deputy Superintendent of the Police, the officer in charge of the police station (which does not have jurisdiction) may conduct preliminary inquiry in cases punishable by 3 to 7 years of imprisonment within 14 days.

After registering the zero FIR, the case is to be transferred to the police station having territorial jurisdiction to conduct investigation in the matter. Then, the FIR is re-registered at such police station and further proceedings takes place.

However, it must be noted here that the procedure related to transfer of zero FIR has not been provided under BNSS. However, Standard Operating Procedures (SOP) has been issued by the Home Ministry (Government of India) to streamline the procedure related to registration and transfer of zero FIR and e-FIR.

Conclusion

Zero FIR is one such provision which ensures immediate help to the victims in need, especially victims of sexual assault. Old criminal laws did not contain provision related to zero FIR, neither expressed, nor implied. The new criminal law BNSS provides for the implied provision of zero FIR under Section 173. However, the law did not contain the procedure related to transfer of zero FIR to the police station having jurisdiction. SOP issued by the government of India tries to fill this gap.