The registration of a First Information Report (FIR) is the first step in the criminal justice process. It sets the investigative machinery of the State into motion and provides a legal foundation for further proceedings. With the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code, 1860, corresponding procedural provisions in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 which has replaced the Code of Criminal Procedure (CrPC), govern how FIRs are to be registered, investigated, and handled by the police.
The Zero FIR concept, though not new, has been given greater recognition in practice to ensure accessibility to justice. Understanding the framework of FIRs, Zero FIRs, and the role of police under the new laws is vital for both practitioners and citizens.
What is an FIR?
A First Information Report (FIR) is a formal document prepared by the police upon receiving information about the commission of a cognizable offence-that is, an offence for which police can register a case and investigate without prior approval of a magistrate.
Essential Features of an FIR
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Purpose: To set the criminal law in motion and document the earliest version of the offence.
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Who can file: Any person (victim, witness, or even a third party) can lodge an FIR.
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Form: It must be reduced into writing, read over to the informant, signed by the complainant, and entered in the police records.
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Cognizable Offences Only: Non-cognizable offences require a magistrate’s permission before investigation.
Zero FIR: Concept and Importance
A Zero FIR is an FIR that can be registered at any police station, irrespective of jurisdiction. Later, it is transferred to the police station with appropriate territorial jurisdiction.
Why is Zero FIR Important?
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Ensures immediate registration without delays caused by jurisdictional objections.
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Vital in cases of serious offences like rape, murder, kidnapping, or terrorism, where delay may cause loss of evidence.
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Provides protection to victims, especially in crimes against women, by ensuring prompt police response.
Judicial Recognition
The concept of Zero FIR gained traction after the Justice Verma Committee Report (2013), which recommended its adoption to strengthen victims’ rights in cases of sexual violence.
Legal Framework under BNSS, 2023
The provisions governing FIRs are contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, particularly in Section 173 (parallel to Section 154 of CrPC, 1973).
Key Highlights
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Mandatory Registration: Police officers must register an FIR on receiving information of a cognizable offence. Failure to do so can invite disciplinary action.
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E-FIRs: BNSS encourages digital lodging of FIRs, allowing greater accessibility.
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Zero FIR Recognition: Though not expressly codified as a separate section, police are bound to register information even if the crime occurred outside their jurisdiction, thereby formalizing the practice of Zero FIR.
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Women and Vulnerable Victims: Special safeguards exist for women, children, and persons with disabilities—statements should be recorded in their presence, preferably by a woman officer, and video recording may be used.
Role of Police under BNS & BNSS, 2023
The police play a central role in ensuring justice through the FIR mechanism. Their duties have been reinforced under the new criminal laws:
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Duty to Register FIRs
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No refusal on grounds of jurisdiction.
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Failure to register can attract departmental and penal consequences.
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Prompt Investigation
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After FIR registration, police must proceed with investigation promptly and fairly.
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Under BNSS, timelines for investigation are emphasized to ensure speedy justice.
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Victim-Centric Approach
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Police must treat victims with sensitivity, particularly in cases of sexual offences, trafficking, or child abuse.
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Confidentiality and dignity of the victim must be protected.
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Use of Technology
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Electronic submission of complaints and digital recording of statements are now encouraged, modernizing the FIR process.
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Accountability
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Supervisory officers are tasked with monitoring compliance with FIR registration norms.
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Citizens may approach higher police authorities or magistrates if FIRs are not registered.
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Contemporary Challenges
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Reluctance to Register FIRs
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Despite the legal mandate, police often delay or refuse registration, forcing complainants to seek judicial intervention.
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Misuse of FIRs
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False or frivolous FIRs burden the system and harass individuals. Courts have stressed caution in such cases.
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Awareness of Zero FIR
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Many citizens are unaware of the Zero FIR mechanism, leading to continued denial of access to justice.
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Overburdened Police System
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Increased accountability under BNSS requires better training, resources, and manpower.
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Judicial Precedents on FIRs
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Lalita Kumari v. Government of Uttar Pradesh (2014): The Supreme Court held that registration of an FIR is mandatory in all cognizable offences; preliminary inquiry is permissible only in limited categories (like matrimonial disputes, commercial offences).
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Kirti Vashisht v. State of U.P. (2021): Reiterated that refusal to register FIR amounts to dereliction of duty.
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Satvinder Kaur v. State (1999): Clarified that FIR can be registered even outside territorial jurisdiction, supporting the concept of Zero FIR.
Conclusion
The FIR remains the cornerstone of criminal justice in India, and the introduction of Zero FIR ensures that justice is not delayed by jurisdictional hurdles. The Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 have reinforced the duty of police officers to register FIRs promptly, utilize technology, and adopt a victim-centric approach.
Moving forward, greater citizen awareness, police accountability, and efficient implementation are crucial. FIR and Zero FIR provisions must not be seen merely as procedural steps but as instruments of access to justice, bridging the gap between victims and the criminal justice system.