Police, Jurisdiction and Cognizable Offence: Know all about Zero FIR
Category: Criminal Law
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What is an FIR?
An FIR or a First Information Report, as the term suggests, is the first piece of information reported to the police regarding commission of a cognizable crime. When the crime so committed is serious and is listed among the cognizable offences under the First Schedule, the same has to be reported to the officer in charge of a police station of appropriate jurisdiction. The territory or the area where such an offence is committed decides the police who will be investigating the matter. During registration, FIR is given a number based on cases registered in a specific year. So if the number of FIRs registered so far at the Sector 4 Police Chowki is 620 as of today, and you come up with the information regarding a murder, it will be numbered as FIR No 621 of 2024.
What is Zero FIR?
The place where the cognizable offence was committed holds importance for territorial jurisdiction, since the evidence is available there and the police in that area will find it the most convenient to investigate. The concept of Zero FIR defies territorial jurisdiction, for good only. Cognizable offences are serious in nature, and any delay in registration of FIR may lead to tampering with crucial evidence. Thus, a Zero FIR allows registration of FIR at a police station which lacks jurisdiction, only to initiate legal process by informing the police having jurisdiction regarding commission of cognizable offence.
Since we just discussed the numbering of an FIR during registration, the concept of Zero FIR is to not give any number since the police station registering the information and the one who will be investigating the same are different. The registration of FIR at the police station of appropriate jurisdiction takes place after receiving information through a Zero FIR.
Government Advisory for Zero FIR
The Ministry of Home Affairs, Government of India on 10th May, 2013, 5th February, 2014 and 12th October, 2015 shared the advisory for compulsory registration of the First Information Report regarding commission of cognizable offence, regardless of the territorial jurisdiction. The advisory imposes a duty upon the police officer to register a zero FIR. The said FIR is then transferred to the police station of appropriate jurisdiction as per Section 170 of the Criminal Procedure Code. The concept was initially recommended by the Justice Verma Committee in 2013 after the Nirbhaya incident in 2012.
Zero FIR - Supreme Court Judgment
The Supreme Court of India in Lalita Kumari vs Government of UP and Others (Criminal Writ Petition No. 68 of 2008) made it mandatory for police officers to register FIR in case of cognizable offences. Again, the Supreme Court in Ramesh Kumari vs State (NCT of Delhi) and Ors (2006) held that whenever cognizable offence is disclosed the police officials are bound to register the same The concept of territorial jurisdiction was also discussed in the case of Satvinder Kaur vs Government of NCT of Delhi (1999).
Thus, while there may not be any Supreme Court Judgment laying for Zero FIR, there are several decisions backing/supporting the context to avoid any territorial gaps to speed up the information and investigation in case of cognizable offence.
Zero FIR under Bharatiya Nagarik Suraksha Sanhita, 2023
While the Criminal Procedure Code, 1973 did not have any express provision for Zero FIR, its replacement, i.e, the Bharatiya Nagarik Suraksha Sanhita has covered that aspect. The Section 173(1) of the BNSS discusses ‘Information in cognizable cases’ and states that “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”. Thus, the concept of Zero FIR, which relied on government advisory till date, will have a separate provision empowering the registration of Zero FIR in the absence of territorial jurisdiction.
What is the benefit of zero FIR?
The idea behind introducing the concept of zero FIR was to defy any delay in registration of FIRs due to lack of territorial jurisdiction. While the concept aims at quick FIRs and instant investigations, there have been reports which hint at reluctance on part of the police officers in registering zero FIRs. Thus, while the concept of zero FIR should be effective, its absence in CrPC has some role to play in lacking awareness among the police. However, with the upcoming charge of BNSS, the picture may change.
How to file a Zero FIR?
Since we have understood what a zero FIR is, where the concept came from, and what its benefits are, it is time to understand the procedure for registration of a zero FIR. If a person has information about commission of a serious offence, he/she may approach the nearest police station and inform the officer in charge. If the offence falls within the ambit of cognizable offence, the police officer is duty bound to note it down in the diary and share the FIR details with the informant. The FIR will then be transferred to the police station having jurisdiction so that investigation can be started at the earliest. If the police officer refuses to register an FIR in cognizable offence, stating jurisdictional gaps, the person may connect with a lawyer to inform the authorities against the same.
Can a Zero FIR be quashed?
