Understanding Zero FIR: A Game-Changer in India's Criminal Justice System.

What is Zero FIR? Let's first discuss its history. Did it exist before?  

 

This is a new provision added to one of the three new laws (BNSS: Bhartiya Nyaya Suraksha Sanhita), which repealed the old ones. The three new laws came into force on July 1, 2024. BNSS repealed the CrPC (Criminal Procedure Code), 1973. 

BNSS includes more new provisions and some amendments to existing ones. As I mentioned, BNSS includes more new provisions; Zero FIR is one of them. Previously, there was only the concept of FIR. Now, you're thinking, is there any difference between them? Yes, there is.

 Understanding the terms FIR and Zero FIR 

When navigating the criminal justice system, it's crucial to understand the distinctions between different types of reports, such as the First Information Report (FIR) and Zero FIR. These two concepts play a significant role in how crimes are reported and investigated.

What is an FIR?

The First Information Report (FIR) is a critical document in the criminal justice process, defined under:- 

Section 154 of the Criminal Procedure Code (CrPC) of 1973,  now Section 173 of Bhartiya Nagarik Suraksha Sanhita (BNSS),2023

This written report is drafted by the police when they receive information about a cognizable offence(which is a crime for which the police can make an arrest without a warrant). The FIR is essential for initiating a formal investigation, but it's important to note that the CrPC itself does not provide a definition for FIR. Instead, police regulations and procedures outline the nature of this report as an FIR under Section 154 of the CrPC. Specifically, Section 154(1) describes the process by which an FIR should be filed.

Introducing Zero FIR

Zero FIR, as introduced under Section 173 of the Bhartiya Nyaya Suraksha Shinta, 2023, is a relatively new addition to the legal landscape. Although it also stands for First Information Report, the term "Zero" signifies that this type of FIR can be filed regardless of the jurisdiction where the crime occurred. The primary advantage of Zero FIR is that it allows victims to report crimes at any police station, even if the offense took place outside the station's jurisdiction. The Zero FIR will then be transferred to the appropriate station for further investigation.

The Impact of Zero FIR: A Game-Changer?

The introduction of Zero FIR has brought about significant changes in how crimes are reported and addressed. Previously, victims had to file their reports at the police station within the jurisdiction where the crime took place. For example, consider a scenario where an individual, A, is travelling by bus and is assaulted by B. If A manages to escape and reaches the nearest police station, but the assault occurred outside that station’s jurisdiction, the police might have previously refused to file a report. This could force A to seek out the correct station to file the report, causing unnecessary delays and potential complications in seeking justice.

With the advent of Zero FIR, such complications are significantly reduced. The police officer at any station is now required to file a Zero FIR and cannot refuse to document the crime, regardless of its location. This provision ensures that victims receive timely support and justice, bridging the gap that previously hindered the reporting process. Zero FIR represents a significant step forward in streamlining the justice system and enhancing the convenience and accessibility for victims seeking justice. Zero FIR bridges the gap, enabling victims to report crimes promptly, regardless of location.

 What Happens After Filing a Zero FIR?

Once a Zero FIR is filed, it follows a structured process similar to that of a regular FIR for investigative purposes. Here’s a step-by-step outline of the procedure:

1. Zero FIR Registration: The initial step involves registering the Zero FIR at the police station where the report is first made.

2. Transfer to Appropriate Station: The Zero FIR is then forwarded to the police station that has jurisdiction over the area where the crime occurred.

3. Re-registration by Jurisdictional Station: Upon receipt, the jurisdictional police station re-registers the complaint, assigns it a case number, and integrates it into their system.

4. Commencement of Investigation: The jurisdictional police station begins its investigation into the case based on the Zero FIR.

5. Document Transfer: The original police station that filed the Zero FIR sends all pertinent documents and records to the jurisdictional station for continuity and reference.

6. Further Actions: The jurisdictional police station undertakes further actions, including arresting suspects and preparing a charge sheet.

7. itsCourt Proceedings: The case proceeds through the legal system, culminating in court hearings and proceedings.

In serious cases such as rape, the station where the Zero FIR was initially registered may conduct a preliminary investigation to address immediate concerns.

What If a Police Officer Refuses to File a Zero FIR?

If a police officer refuses to register a Zero FIR, the affected individual can escalate the issue by:

1. Approaching the Superintendent of Police: Submit a complaint to the Superintendent of Police, who will investigate the refusal.

2. Legal Recourse: If the FIR is still not registered after this intervention, the aggrieved party can approach the magistrate’s court under [Section 156(3) of the CrPC, now Section 175(3) of BNSS] to request that the FIR be officially registered.

Additionally, [Section 166A of the Indian Penal Code(IPC), now Section -199 of Bhartiya Nyaya Sanhita(BNS)] stipulates penalties for officers who fail to perform their duties, including imprisonment for up to two years and a fine.

In summary, the Zero FIR process is vital for ensuring that victims can report crimes promptly at any police station, thus minimizing trauma, saving time, and enhancing accessibility. This system represents a significant advancement in creating a fairer and more responsive justice system, where victims can report offenses without undue delays or obstacles.