How Immediate is ZERO FIR Under BNSS Really?

1.      Introduction

The concept of ZERO FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS) represents a significant advancement in the Indian criminal justice system. It allows victims to report crimes at any police station, regardless of jurisdictional boundaries, ensuring immediate action and documentation. This provision addresses a critical issue where police officers would refuse to register complaints citing jurisdictional limitations, thereby delaying justice and increasing victims’ distress. By enabling FIRs to be filed at any police station, ZERO FIR under BNSS eliminates these barriers and streamlines the process of seeking justice.

This blog explores the intricacies of ZERO FIR under BNSS. It details its legislative foundation in Section 173 of BNSS. It also explains the procedural steps involved in lodging one. The blog examines the historical context and judicial support behind ZERO FIR. It highlights key advisories and court rulings that emphasized the necessity of this provision. Understanding these aspects is crucial. It helps in comprehending how ZERO FIRs are intended to function under BNSS.

Moreover, the blog addresses the challenges in implementing ZERO FIR under BNSS. These include potential jurisdictional manipulation and procedural ambiguities. It discusses the need for clear guidelines. These are essential to ensure ZERO FIR achieves its intended purpose without unintended consequences. By offering a comprehensive overview of ZERO FIR under BNSS, this guide aims to enhance justice delivery in India. It ensures that victims can report crimes without unnecessary delays and obstacles.

2.     Historical Context and Judicial Support

The concept of ZERO FIR is not new in the Indian criminal law system. In 2015, the Ministry of Home Affairs issued an advisory suggesting the registration of ZERO FIRs for crimes against women. The judiciary has also emphasized the importance of ZERO FIRs in several landmark cases:

• State of AP vs. Punati Ramulu and Others: The court held that lack of territorial jurisdiction should not prevent recording information about a cognizable offense and forwarding it to the appropriate police station. This judgment reinforced the principle that the police should act on any information about a cognizable offense without delay.[i]
• Satvinder Kaur vs. Government of NCT, Delhi: The Supreme Court ruled that even if the investigating officer finds that the offense did not occur within his jurisdiction, he should forward the case to the appropriate magistrate. This decision highlighted that the responsibility of the police is to ensure that the complaint reaches the correct jurisdiction without procedural delays.[ii]

3.     Legislative Basis: Section 173 BNSS

Section 173 of the BNSS governs the registration of ZERO FIR under BNSS and outlines the procedure for recording and handling such complaints. “173. (1) 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…”[iii] Key Provisions of Section 173 BNSS are:

• Oral Information: If the information is provided orally, it must be reduced to writing by the officer in charge or under his direction. The written information should then be read over to the informant to verify accuracy and be signed by the informant.
• Electronic Communication: If the information is provided through electronic means, it must be recorded and the informant must sign it within three days. This provision ensures that there is a formal and verifiable record of the complaint.
• Women Victims: For offenses against women, the complaint should be recorded by a woman police officer to ensure a comfortable environment for the victim.
• Disabled Victims: If the victim is mentally or physically disabled, the information should be recorded at a place convenient for the victim, in the presence of an interpreter or special educator if needed. The recording should be video graphed to ensure transparency and the statement should be recorded by a Judicial Magistrate as soon as possible.[iv]

 

4.     The Process of Lodging a Zero FIR under BNSS

A.    Complainant Approaches Police Station

The process begins when a complainant approaches any police station to report a cognizable offense, regardless of its jurisdiction under section 173 of BNSS. This provision ensures that victims can seek immediate help without worrying about the jurisdictional limitations of the police station they approach.[v]

B.      Recording the Complaint

Upon receiving information about a cognizable offense committed outside the territorial jurisdiction, the Station House Officer (SHO) or officer on duty records the details in the Zero FIR register under BNSS. This step is crucial as it ensures the immediate documentation of the offense, formally acknowledging and recording the complaint. The officer then registers the case as a ZERO FIR under the relevant sections of law, as stipulated by Section 173(1) BNSS.

C.     Conducting Preliminary Enquiry

According to Section 173(3) BNSS, the officer-in-charge of the police station may conduct a preliminary enquiry. This applies upon receiving information about a cognizable offense punishable by imprisonment for three to seven years. This step requires prior permission. The permission must come from an officer not below the rank of Deputy Superintendent of Police. The officer must consider the nature and gravity of the offense.

The preliminary enquiry must be completed within 14 days. Its purpose is to ascertain whether there exists a prima facie case for proceeding. This step ensures that only genuine cases move to full investigation. It helps prevent unnecessary use of resources.

D.     Registering the Zero FIR under BNSS

After fulfilling the requirements under Section 173 BNSS, the officer registers the ZERO FIR. The officer prefixes the FIR number with "Zero" to indicate that it is a ZERO FIR, signifying that the offense occurred outside the police station's jurisdiction. The officer provides a copy of the recorded information to the informant or victim free of cost, as required by Section 173(2) BNSS. This ensures the complainant receives a formal document that acknowledges their complaint. [vi]

E.     Primary Investigation

If necessary, a primary investigation may be conducted by the investigating officer of the same police station. For example, in cases involving a medical examination of a rape victim, immediate action is critical to preserve evidence and provide necessary medical care.

F.      Forwarding the Zero FIR under BNSS

Under the BNSS, the police station with jurisdiction over the incident's location receives the ZERO FIR. This step ensures that the appropriate authorities handle the case in accordance with the location of the offense. [vii]

G.    Re-registration by Jurisdictional Police Station

Upon receiving the ZERO FIR under BNSS, the concerned police station re-registers it as a regular FIR in their records. This re-registration ensures that the case is formally integrated into the jurisdictional police station’s records for further investigation.

H.     Assignment to Investigating Officer

The SHO of the jurisdictional police station assigns the FIR to an investigating officer for further action. This step ensures that the case is promptly investigated by the appropriate personnel.

I.        Conducting the Investigation

The investigating officer proceeds with the investigation as per the standard procedures outlined under BNSS. This includes gathering evidence, interviewing witnesses, and taking necessary actions to solve the case.[viii]

5.     Challenges and Considerations of ZERO FIR under BNSS

1. Ambiguity in Post-Registration Procedures

One of the most problematic aspects of the mandatory registration of ZERO FIR under BNSS is the ambiguity in the provisions related to the procedure after the registration of the FIR. While Section 173 BNSS outlines the initial steps for registering a ZERO FIR, it is less clear about the subsequent procedures, which can lead to procedural delays and potential misuse.[ix]

1. Jurisdictional Manipulation

Another significant issue is the potential for jurisdictional manipulation. Complainants might misuse ZERO FIR under BNSS by deliberately filing complaints in distant locations to harass the accused. This can lead to unnecessary arrests and potential infringement of fundamental rights. The police station registering the FIR can make arrests based on that FIR, which can result in the detention of individuals without proper jurisdictional authority.[x]

1. Lack of Clear Timeframes for Transfers

The law is also silent on the timeframe for transferring ZERO FIRs to the appropriate jurisdiction. This procedural anomaly can be exploited by the police, leading to delays in the transfer of cases and potential miscarriages of justice. The BNSS does not specify the time to be taken for the transfer of FIRs, which can result in delays and hinder the timely investigation and resolution of cases.[xi]

6.     Conclusion

The statutory mandate for ZERO FIR under BNSS is a significant step towards ensuring that victims can seek immediate help and that complaints are promptly and formally acknowledged. However, the challenges associated with jurisdictional manipulation, ambiguity in post-registration procedures, and lack of clear timeframes for transfers need to be addressed to prevent misuse and ensure timely justice. The provision allows for the immediate recording of cognizable offenses, ensuring that complaints are formally acknowledged and promptly investigated. Clear procedural guidelines and timely transfer mechanisms are essential to uphold the integrity and effectiveness of the ZERO FIR system under BNSS. [i] State of AP v. Punati Ramulu, AIR 1993 SC 2644 [ii] Satvinder Kaur v. Government of NCT, Delhi, AIR 1999 SC 3596. [iii] Bharatiya Nagarik Suraksha Sanhita, 2023, § 173. [iv] Gyanvi Khanna, Registration Of FIR Under The Bharatiya Nagarik Suraksha Sanhita (New CrPC), Live Law (Jan. 01, 2024), https://www.livelaw.in/gsearch?q=https%3A%2F%2Fwww.livelaw.in%2Ftop-stories%2Fchanges-to-fir-registration-procedure-as-per-bharatiya-nagarik-suraksha-sanhita-new-crpc-245618#gsc.tab=0&gsc.q=https%3A%2F%2Fwww.livelaw.in%2Ftop-stories%2Fchanges-to-fir-registration-procedure-as-per-bharatiya-nagarik-suraksha-sanhita-new-crpc-245618&gsc.page=1. [v] How to File a Police Complaint in India, King stubb and kasiva (July 05, 2024), https://ksandk.com/constitutional/how-to-file-a-police-complaint-in-india/. [vi] Id. [vii] Id. [viii] Id. [ix] Susanah Naushad, Primer on the Bharatiya Nagarik Suraksha Sanhita, 2023, Lexology (Feb. 19, 2024) https://www.lexology.com/library/detail.aspx?g=add91fba-71e4-4069-809c-6339b64bd9ed. [x] Khanna, supra note 9. [xi] What are new provisions for police officers? | Explained, The Hindu (July 08, 2024) https://www.thehindu.com/news/national/what-are-new-provisions-for-police-officers-explained/article68382550.ece,