Understanding the Process of Lodging a Zero FIR under BNSS

What is a Zero FIR?

A Zero FIR is a First Information Report (FIR) that can be filed at any police station, regardless of where the crime occurred. This system ensures that a complaint can be lodged immediately without worrying about jurisdictional boundaries. Here’s a simple breakdown of how to file a Zero FIR under the Bharatiya Nyaya Sanhita (BNSS).

Step-by-Step Process to Lodge a Zero FIR

Step 1: Filing the Complaint

A complainant can approach any police station, no matter where the crime took place, to lodge their complaint under Section 173(1) BNSS.

Step 2: Recording the Zero FIR

When the police receive information about a cognizable offence that occurred outside their jurisdiction, the Station House Officer (SHO) or the duty officer records the details in the Zero FIR register. This FIR is registered under the relevant sections of law.

Oral or Electronic Reporting: Information about a cognizable offence can be given orally or electronically. If given orally, the officer writes it down, reads it back to the informant for confirmation, and obtains the informant's signature. If given electronically, it must be recorded and signed by the informant within three days.

Special Cases: Information provided by women for certain offences must be recorded by a female officer. If the informant is mentally or physically disabled, the information must be recorded at their residence or a convenient location with an interpreter or special educator present, and the recording must be videotaped. Additionally, the statement should be recorded by a Judicial Magistrate as soon as possible.

Step 3: Preliminary Enquiry

For cognizable offences punishable by three to seven years, the officer-in-charge may conduct a preliminary enquiry within fourteen days to determine if there is a prima facie case. This requires prior permission from an officer of at least Deputy Superintendent of Police rank.

Step 4: Registration and Copy to Complainant

Once the requirements under Section 173 BNSS are met, the officer registers the Zero FIR, prefixing it with "Zero" to indicate its nature. A copy of the recorded information is given to the informant or victim free of charge. If necessary, preliminary investigations, such as a medical examination of a rape victim, may be conducted by the same police station.

Step 5: Transfer

The Zero FIR is forwarded to the police station that has jurisdiction over the location where the incident occurred.

Step 6: Re-registration

The receiving police station re-registers the Zero FIR as a regular FIR in their records.

Step 7: Investigation

The SHO assigns the FIR to an investigating officer who proceeds with the investigation according to standard procedures under BNSS.

Step 8: Updates to Complainant

The complainant receives regular updates on the investigation.

Remedies for Non-Registration of Zero FIR

If a police officer refuses to register a Zero FIR, citizens have the following remedies:

1. Remedy under Section 173(4) BNSS

If an officer in charge refuses to record the information, the aggrieved person can send the substance of the information in writing and by post to the Superintendent of Police. If the Superintendent of Police is satisfied that the information discloses a cognizable offence, they will either investigate the case themselves or direct a subordinate officer to do so. If the Superintendent of Police fails to act, the aggrieved person may apply to the Magistrate.

2. Remedy under Section 199 BNS

Public servants who knowingly disobey legal directions or fail to record information as required by law can face rigorous imprisonment for six months to two years and may also be fined. This ensures accountability and adherence to proper procedures by police officers.

By understanding these steps and remedies, citizens can better navigate the process of lodging a Zero FIR and seek justice effectively.