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What is Zero FIR? UPSC CSE

Zero FIR

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Summary of Zero FIR

Zero FIR is a revolutionary concept tntroduced through the recommendations of the Justice Verma Committee Report and the Criminal Law (Amendment) Act, 2013. It enables victims to report crimes at any police station, regardless of the crime location, ensuring prompt assistance and efficient response. Section 154 of the Criminal Procedure Code allows the registration of a Zero FIR at any police station and subsequent transfer to the appropriate jurisdiction. The primary goals of Zero FIR include quick registration, addressing jurisdictional challenges, and protecting victims' rights, promoting effective law enforcement by initiating timely actions, regardless of the crime location. In case of refusal to register a Zero FIR, remedies involve approaching the Superintendent of Police or filing a complaint in a magistrate court, with potential action against delinquent officers under Section 166-A of the Indian Penal Code.

In terms Section 154 of Cr. PC If a Police Station receives information about a possible crime, they are obligated to register an FIR, even if the crime did not happen within their jurisdiction. This kind of FIR is known as a 'Zero FIR.' Once a 'Zero FIR' is registered, it must be transferred to the appropriate Police Station where the actual offence occurred. In simpler terms, a 'Zero FIR' can be filed at any police station where information about a crime is reported, regardless of whether that station has territorial jurisdiction or not and later the case will be transferred to the police station in whose jurisdiction the crime is said to have occurred for Investigation.

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. According to the report, a victim can file a Zero FIR regardless of their residence or the place of commission of crime. The key distinction between a regular FIR and Zero FIR lies in the registration locations. In simple words normally an FIR is lodged with the police station in whose jurisdiction the crime occurred and a Zero FIR can be filed at any police station, regardless of the location of the crime. Zero FIR is recognised for its efficiency and aims to offer swift resolution to the victims ensuring timely action is taken once the Zero FIR is registered. The provisions have emerged as a crucial response to enhance the responsiveness of law enforcement in the aftermath of the Nirbhaya Case.

Background of 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.

Introduction of Zero FIR

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.

Features

  • 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.

Benefits of Zero FIR

  • 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.

Conclusion of Zero FIR

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.

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