ABSTRACT
Zero First Information Report (FIR) is a revolutionary practice enacted as a legal provision in Indian Law that empowers citizens to seek justiceby filing an FIR at the earliest possible moment without worrying about the hassle of technical and jurisdictional limitations of the police. The availability of this vital legal defense ensures the correct and prompt registration of complaints, thereby enabling citizens to access a more just and efficient justice system and eradicating delays and obstructions that could potentially undermine justice. Adopting this approach has improved access to justice and protection of the victim’s rights by prioritizing prompt action over bureaucratic obstacles. This article is devoted to exploring the legislative background of Zero FIR, its development, and how it has been implemented as a provision in the current day.
INTRODUCTION
FIR, or First Information Report, is the initial information of any cognizable offense recorded by a police officer. According to section 154(1) of the Code of Criminal Procedure (C.r.P.C.), 1973, previously and now under section 173 section(1), subsections (i) and (ii) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 such information is to be recorded in a written report as soon as it is received, marking the beginning of the legal proceeding.
Nonetheless, the ability to file an FIR is frequently restricted by jurisdictional limits due to the police’s reluctance to acknowledge severe cognizable crimes. This challenge is resolved by the concept of ‘Zero FIR,’ which permits the registration of an FIR at any police station, irrespective of jurisdiction.[1]The aim is to provide victims with timely reparations and ensure that appropriate measures are taken to achieve this. The ‘Zero’ in Zero FIR indicates that no serial number is assigned to the FIR that has been filed. Instead, it is marked with a ‘0’, which gives meaning to its name.
Zero FIR, which was formerly only a practice in the Indian justice system, has now received the status of a legal provision after the introduction of the new BNSSin place of the oldC.r.P.C.as a code of law.
IMPORTANCE OF ZERO FIR AND HISTORY
In the case of Satvinder Kaur v. State (1999)[2], The Supreme Courtaddressed the territorial jurisdiction of registering an FIR, setting a precedent that would be very important in the evolution of the practice of Zero FIR. The court clarified that the police had the authority to file an FIR irrespective of jurisdiction. The case registered could be transferred later to the appropriate authority. The police should not refuse to record any complaints citing jurisdictional grounds ensuring that the complainant’s right to report a crime is upheld. It held that a woman could lodge her complaint anywhere other than where the incident occurred. The first mention or introduction of the concept of ZeroFIR,however, was after the commendation of the Justice Verma Committee in the Criminal Law (Amendment) Act, 2013. This commendation came after the heinous rape case of Nirbhaya in Delhiin 2012, a crucial step to help victims, especially women, report crimes without jurisdictional limitations stopping them. Suppose the question of why jurisdictional constraints affect a case is begged; in that case, we must understand the importance ofpromptly filing an FIR in succession to a crime.Knowledge of apt police jurisdiction is not a priority for the victimto worry about in the immediate aftermath of a crime, but filing an FIR at the earliest possible moment is. In the case of Ramesh Kumari v. State (2006)[3], The Supreme Court reiterated the importance of registering an FIR for cognizable offenses. Without filing an FIR, the police cannot proceed with the investigation; they are duty-bound to record a crime before taking further action. It is, therefore, essential that an FIR be filed immediately in the aftermath of a criminal event for the complaint to have legitimacy, and the presence of territorial jurisdiction is often a cause for the victim being unable to report their grievances to the police. This is why the Delhi High Court held that if the police receive a cognizable offense, they are bound to record it under Section 154 C.r.P.C. as an FIR but if it is discovered that the offense has not been committed under the said police station’s jurisdiction,then the ‘Zero FIR’ recorded must be forwarded to the concerned police station who has authority to make proceeds. (Kirti Vashisht v. State & Ors., 2019).[4] The Bombay High Court also held thatUnder Section 156 (1), a police officer has the authority to investigate any cognizable case within the local limits of their police station, as specified in Chapter XIII.Furthermore, even if a police officer is summoned,under sub-section (2), he/she cannot be canvassed in the court for the mere reason of the absence of jurisdiction to check into this matter. In accordance with the provisions of the C.r.P.C., the report shall be signed as per Sections 168, 169, and 170.Section 170 clearly states that if the officer in charge of the police station finds sufficient evidence and reasonable grounds to move the case forward to a magistrate who can take cognizance of the case, the case should proceed accordingly. Suppose the investigating officer determines that the offense occurred outside the territorial jurisdiction of their police station. In that case, the FIR can be sent to the appropriate police station with jurisdiction over the offense area. However, this does not mean that the police officer can refuse to record or investigate the FIR. (Satish Dharmu Rathod &Ors. v. State of Maharashtra &Ors. 2017).[5]All these examples push the notion that it is essential for a victim or witness likewise to file an FIR for the police to take cognizance of a matter. It is also necessary for the police to file an FIR in the context of any cognizable offense without dismissing the complainant’s issue citing jurisdictional or administrative constraints. Although the C.r. P.C.did not include the practice of Zero FIR as a provision, all the above instances make it clear that it was encouraged comprehensively. This was until the introduction of the new code of laws and the induction of the Bharatiya Nagarik Suraksha Sanhita to replace the old criminal laws on July 1, 2024. The BNSS now has a separate provision in its section for registering an FIR that gives Zero FIR legal validity and not just a precedent that the courts set to follow.
[1]KAKKAR V & THALIWAL H, Zero First Information Report: Indian Laws and Practice, White Black Legal Law Journal, Vol. 2, Issue No. 16 (November, 2023).
[2]Satvinder Kaur v. State (Govt. of NCT of Delhi), 8 SCC 728 (1999).
[3]Ramesh Kumari v. State (NCT of Delhi), 2 SCC 677, AIR 2006 SC 1322 (2006).
[4]Kirti Vashisht v. State & Ors., CRL.M.C. 5933/2019 & Crl.M.A. 40833/2019 (Delhi High Court, 2019).
[5]Satish Dharmu Rathod &Ors. v. State of Maharashtra &Ors., (2017) 1 A.I.R. Bom. R (Cri) 779.