Section 154 of the Code of Criminal Procedure states the legal provision on filing an FIR i.e. a First Information Report in case of cognizable offences. For many years, a major tenet of criticism against FIRs has been the restriction of jurisdiction which mandates that the complaint or FIR can only be a lodged in a police station which has jurisdiction over the area in which crime has committed.
After the Nirbhaya incident, responsibility was given to the Justice Verma Committee to identify shortcomings in the current criminal law and formulate the appropriate reforms. One of the major reforms introduced by the committee was that of zero FIR, which was aimed at making the process of lodging a complaint more accessible by taking the jurisdiction factor out of the equation.
In this article, Team YLCC brings you all you need to know about the concept of zero FIRs. Read on!
The process of filing a zero FIR is no different from that of a regular FIR. In fact, the only difference is differential jurisdiction. Like a regular FIR, the zero FIR allows for:
- Recording of statements by the police offer in written form
- Providing all the relevant details without assumptions to the police during recording of the statement
- Validating the statement provided by signing the register
- Getting a duplicate copy of one’s complaint and requesting the identification number of the FIR if not promptly provided by the officer-in-charge.
SIGNIFICANCE OF THE ZERO FIR
- Requires Immediate Action
One of the most important aspects of an FIR is that the police is required to conduct an initial inquiry or investigation before being able to transfer the case to any other police station that has the appropriate jurisdiction. This is especially applicable in case of violent crimes such as murder, sexual assault or rape, accident etc. which are time-sensitive to a large extent in terms of collecting samples and preserving the necessary evidence. In such cases, the zero FIR helps prevent a delay that hurts the victim’s interests in securing justice.
- No Delay or Denial
The zero FIR comprehensively deals with the denial issue from police officers. Section 154 of the CrPC clearly states that if any information relating to the commission of a cognizable offense is received by any police station, the said police station is duty-bound to register the FIR. In case of zero FIR, since jurisdiction is not an issue, there is no ground for denial and the office-in-charge is under an obligation to acknowledge the complaint and duly register a zero FIR. In other words, a zero FIR can be filed in any police station irrespective of the jurisdiction of the crime.
- The Victim Is Protected
The concept of zero FIR has been conceived from a victim-centric approach and therefore the primary objective is to make sure that the victim is not subjected to unnecessary harassment or administrative incompetence. The concept is based on the notion that the victims of a crime should have expedited support for initiating legal recourse and measures should be in place to make sure that the proceedings are smooth.
- Useful In Distant Proximities
The pivotal use-case of a zero FIR is in cases where the victim has been shifted to a different jurisdiction from that of the crime which may be for a plethora of reasons. The zero-FIR Concept make sure that the onus of transferring the complainant to the appropriate station is on the police station that is registering the complaint. This saves the victim substantial time and energy that can instead be focused on recovery efforts in case of non-fatal outcomes. Moreover, zero-FIR is the only option for victims who were in transit e.g. someone who was stabbed while in he or she was in a train.
The importance of a zero FIR can be clearly understood from the Asaram Bapu case which made headlines for several weeks in 2013 and in 2018, wherein the Supreme Court awarded him a life imprisonment sentence under the POCSO Act. In this case, the complainant, a minor girl from UP, had filed a zero FIR in a Delhi police station. The case was later transferred to Jodhpur police, which was the actual place of the crime. In another case of Satvinder Kaur vs. State (Government of NCT Delhi), where High Court had quashed the FIR, the Supreme Court held that the police is permitted to investigate a case which does not fall under their jurisdiction. In the case of State v. Harnam Singh, the victim was taken to the nearest police station where her subsequent medical examination was conducted and later on she was taken to the jurisdictional police station where the copy of zero FIR was given to the duty officer. The Supreme Court of India in the case of State of Andhra Pradesh vs Punati Ramulu and Others, also held that refusal to lodge an FIR contending lack of territorial jurisdiction would amount to dereliction of duty on the part of the constable involved.
CONCLUSION
In conclusion, it can be said that the concept of zero FIR, although new, is crucial for timely action on behalf of the police force. However, it must be noted that as of now, it has not been mentioned anywhere in the Code of Criminal Procedure or any statute or legislation in India, i.e. its sole existence depends on the advisory issued by the Ministry of Home Affairs. In order to implement this provision better, the government may consider amending the procedural laws to have an express provision for Zero FIR.
Moreover, having a separate provision makes sure that the onus of registering a zero FIR becomes binding on all authorities concerned, unlike an advisory which is not binding except for the precedential value of the Supreme Court of India. While implementing zero-FIR policies, it is also important to sensitise police officers regarding this policy and make sure there is no abuse of power or delay in transferring the complaint to the designated police station. It is imperative that a comprehensive mechanism is put into place to ensure these factors in public interest.
YLCC would like to thank its Content Team for their valuable insights in this article.
