Zero FIR

First Information Report (“FIR”) is the report which is registered with the police when an offence is committed. It is recorded under Section 154 of the Code of Criminal Procedure, 1973 (“Cr PC”) regarding the commission of an offence. Upon receiving a complaint under the Section, the police begins investigation into the commission of the alleged offence. Before Zero FIR, there was a lot of confusion on the “jurisdiction” at which an aggrieved person would have to file the FIR. In cases where a person approaches the police with information of commission of a serious offence (cognizable offence) police is required to immediately register an FIR, which is mandated by the judgement of the Hon’ble Supreme Court in Lalita Kumari Vs Govt. of UP (2014). However, police stations would refuse to register the FIR on grounds that it was not an offence in their jurisdiction. This would delay investigation and deny justice based on a mere technicality.

Need for Zero FIR: the concept of “Zero FIR” was introduced as a recommendation of the Justice Verma Committee Report, and was added in the Criminal Law (Amendment) Act, 2013 which was done after the horrific Nirbhaya rape and murder case. Normally, an FIR has to be filed at the police station whose jurisdiction offence has been committed. However, a common citizen sometimes might know the police station of appropriate jurisdiction. Or in case of online crimes, there is no as such jurisdiction. To solve these issues, concept of Zero FIR has been introduced.

• It can be registered at any police station across the country, regardless of where the crime was committed. (Section 154 CrPC)
• Once a 'Zero FIR' is registered, it must be transferred to the appropriate Police Station where the actual offence occurred.
• At this stage, no FIR number is assigned. It is also after it is transferred that the correct Police State registers it, numbers it and starts a fresh investigation.
• Aim: Efficiency and swift registration of matter without delay. Ensuring timely action is taken on victim’s please, instead of getting bogged down by procedural delays. Enhance the responsiveness of law enforcement.
• Remedies available if Zero FIR is not registered: Write to Superintendent of Police who can investigate the matter themselves or delegate it. If, despite following this process, the police still do not register the FIR, the affected person can go to the magistrate court under Section 156(3) of the Criminal Procedure Code and file a complaint asking for the FIR to be registered.
  • Section 166A was added in the Indian Penal Code, 1890 to describe the punishment for public servants who refuse to file FIR for cognizable offences.

• Jurisdiction not a bar to register FIR: police cannot deny to register an FIR against a crime committed just on grounds of jurisdiction.
• Protects rights of Victims: Protect the rights of victims and witnesses by promptly recording their Complaint wherever they are
• Instills faith in justice system: by providing speedy registration of FIR, it ensures that investigation is started in time, regardless of where the victim is located at the time of registration of the FIR. This has the effect of instilling trust in the criminal justice system and encourages victims to come forward without hesitation or fear.
• Promotes effective law enforcement: Ensures that the state machinery is promptly activated which prevents potential delays in investigation, which can be a major difference in between catching or missing the perpetrators.
• Register Crimes When Location not Known: Like cybercrimes.

A Zero FIR is a procedural tool that empowers citizens to report crime regardless of where the person is situated or where the crime has occured. It was introduced in 2013 on the recommendation of justice Verma Committee. It aims to quickly assist victims and avoid unnecessary delays in reporting crimes. The relevance of Zero FIR is much more visible in this day and age of the Internet where cyber-crimes are committed and many of the times it is close to impossible to determine the place from where the crime took place. In cases such as there the concept of ZeroFIR saves citizens from unnecessary mental harrasment.