All You Need to Know About Zero FIR: A Crucial Tool for Victims of Crime (PART-2 of 2)

 

Continued From PART-1

Legislative Authority: Section 173 BNSS v Section 154 CrPC

Section 173 (Information in cognizable cases.) of the BNSS governs the registration of ZERO FIRs and outlines the procedure for recording and handling such complaints. 

“Sec173. (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…”

Whereas in CrPC Section 154, i.e.

“Sec154. (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, 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, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf…”

Section 154 CrPC was completely silent on the area outside the area where the offence was committed, whereas with the introduction of the phrase “irrespective of the area where the offence is committed…” in Section 173 BNSS, our lawmakers officially introduced the concept of Zero FIR in our Criminal Laws. Now one does not have to go through the hassle to go ahead and explain any of the ill-informed law enforcement officials, about existence of such provisions, Courts verdict and the relevancy of such verdicts in interpretation of criminal laws, which us advocates had to do a lot before introduction of New criminal laws.

Also, earlier in CrPC, only offences of severe nature i.e. with capital punishments or offences against women were allowed to be recorded through such process. But with the introduction of the concept in New Criminal Laws, victims/ complainants under all offences which are covered under the ambit of Section 173, shall be allowed to use such a provision to record their FIRs in police station.  

The Process of Lodging a Zero FIR

1.    Complainant to Approach 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.

2.   Recording the Complaint: Upon receiving information about a cognizable offense committed outside the territorial jurisdiction, the Station House Officer (SHO) or officer on duty is required to record the details in the Zero FIR register. The case is then registered as a ZERO FIR under the relevant sections of law as per the provisions of Section 173(1) BNSS.

3.    Conducting Preliminary Enquiry: the SHO, with permission of concerned DSP shall within 14 days, conduct a preliminary enquiry day to ascertain whether there exists a prima facie case for proceeding in the matter.

4.     Registering the Zero FIR: After fulfilling the requirements under Section 173 BNSS, the officer registers the FIR. The FIR number is prefixed with “Zero” to indicate that it is a Zero FIR, highlighting that the offense occurred outside the police station’s jurisdiction. A copy of the recorded information is provided to the informant or victim free of cost, for their record.

5.  Primary Investigation: If necessary, a primary investigation may be conducted by the investigating officer of the same police station. It becomes relevant in cases where preservation of evidence is a challenge and time is a factor which may affect the evidence, like in cases of Rape, murder, bomb blasts, etc.

6.    Forwarding the Zero FIR: The FIR is then forwarded to the concerned police station having jurisdiction by the police station which recorded the FIR.

7.    Re-registration by Jurisdictional Police Station: Upon receiving the Zero FIR, the concerned police station re-registers it as a regular FIR in their records.

8.    Conduction of investigation: The SHO of the jurisdictional police station assigns the FIR to an investigating officer for further action. The investigating officer Shall then proceed 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.

Challenges and Considerations

According to me, the provision might be well equipped but the law enforcement agencies concerned, i.e. Police is still ill equipped with the knowledge and the practical implications of the new provisions that are added. Till they are not conscious of the legislative intent behind the provisions, they shall fail to deliver the results as desired by the legislators. I find Police reforms essential solution to such problems and many more. I shall bring in a separate blog on Police reforms very soon which shall cover all aspects. 

Another significant issue is the potential for jurisdictional manipulation. Complainants might misuse the provision 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. In my opinion, the judiciary shall determine and set a limit for the arrest of accused under this provision.

Conclusion

Zero FIR is a crucial provision under BNSS that aims to streamline the criminal justice system by ensuring immediate action on cognizable offenses, regardless of jurisdictional boundaries. It seeks immediate help for the victim and ensures that complaints are promptly and formally acknowledged by the police. By understanding its legislative Authority and leading case laws, we can appreciate its significance in providing timely justice to victims.

For my readers, I shall soon be bringing in a detailed blog on Complaints and FIRs as in BNSS, their types and what the provisions entrust. Also, as promised, I shall also be bringing a post that shall consist of frequently asked questions with relation to FIR’s and complaints very soon, so please stay tuned for more.

____________________________________________________________

Sources/ References :

Section 154 CrPC

Section 173 BNSS

___________________________________________________________________

Related Blogs:

All You Need to Know About Zero FIR: A Crucial Tool for Victims of Crime (PART-1)

Protest Petition: Seeking Justice Beyond the Police Report

Complaint Cases under Section 223 BNSS/ 200CrPC: An In-Depth Analysis

 Perspective Dive: Is There Need To Further Change Laws To Ensure Women Safety In Our Country?

Unveiling the Bhartiya Nagarik Suraksha Sanhita(BNSS): A Legal Revolution Unfolding

___________________________________________________________________

Disclaimer: This Article/essay provides general information and does not constitute legal advice. Consult a qualified legal professional for specific cases.

Tip: If you find this Article to be of any relevance, please feel free to give your feedback to the author via commenting below. Consider following my blog. For any query or suggestions, you can email the author at support@legalprobe.in

___________________________________________________________________