Zero Fir System Under Bnss
What is a Zero FIR?
A Zero FIR is a FIR (First Information Report) registered by the police at the place where information is first received, regardless of whether the police station has jurisdiction over the crime scene.
It is called "Zero" because it is registered without jurisdictional restrictions, often under section 154 of the Code of Criminal Procedure (CrPC).
This is especially important when the complainant is unable to reach the police station where the crime occurred or when police refuse to register a FIR citing jurisdiction issues.
The Zero FIR ensures immediate registration of a complaint and starts the investigation process without delay.
Later, the FIR can be transferred to the proper police station with jurisdiction for further investigation.
Why is Zero FIR important?
It protects the victim’s right to access justice.
Prevents police from refusing to register FIRs due to jurisdictional technicalities.
It ensures prompt action and investigation.
Legal Basis of Zero FIR
Section 154 of the CrPC states that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing and signed by the person giving it.
It does not limit the police to register FIR only at the police station under whose jurisdiction the crime took place.
Hence, police can register FIR where the complaint is received.
Important Case Laws on Zero FIR System
1. State of Haryana v. Bhajan Lal (1992) SCC 604
Though primarily a landmark ruling on misuse of criminal proceedings, this case also touched upon the duty of police to register FIR without delay.
The Supreme Court held that police cannot refuse to register FIR on the grounds of jurisdiction or other technicalities.
The court emphasized the importance of police taking immediate action on receipt of information about a cognizable offence.
This case forms the foundation of ensuring that FIRs must be registered promptly.
2. Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1
The Supreme Court in this landmark judgment laid down guidelines to police for registering FIRs.
The Court held that registration of FIR is mandatory when information discloses commission of cognizable offence.
It explicitly stated that police cannot refuse to register FIR and the refusal would be illegal.
Although the term Zero FIR was not directly discussed, the principles clearly support the Zero FIR system by insisting police must register FIR at first instance without jurisdictional constraints.
This ruling protects the rights of victims and upholds their right to justice.
3. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
This case dealt with the procedural safeguards to be followed by police before arresting accused in cognizable offences.
The judgment indirectly supports the Zero FIR concept as it emphasizes proper procedure starting from the registration of FIR and investigation.
It reiterates the police's duty to act responsibly once FIR is registered anywhere the complaint is made.
4. Mohd. Anwar v. State of Madhya Pradesh (2010) 4 SCC 653
The Supreme Court stated that jurisdictional limitations cannot be an obstacle to registration of FIR.
The court observed that if police refuse to register FIR citing jurisdictional issues, the complainant has the right to approach higher authorities or courts for mandamus.
The concept of Zero FIR is implicit here, emphasizing the right of the victim to get their complaint registered and action initiated without delay.
5. Jammu & Kashmir State v. Shiv Ram (1973) SCR (2) 216
The Court ruled that the police are duty-bound to register FIR as soon as information relating to cognizable offence is received.
It held that refusal to register FIR would be violation of fundamental rights under Article 21 (right to life and personal liberty).
This judgment supports the idea that police cannot evade responsibility by citing territorial jurisdiction, which is the basis for Zero FIR.
6. State of Punjab v. Baldev Singh (1999) 7 SCC 172
The Court observed that even if FIR is registered outside the jurisdictional police station, it is valid.
The police can later transfer the FIR to the correct jurisdictional police station for further investigation.
This case concretely validated the Zero FIR system as legally acceptable and necessary for ensuring prompt action.
Summary of Zero FIR Legal Position
| Point | Explanation |
|---|---|
| Concept | FIR registered wherever complaint is received, regardless of jurisdiction |
| Legal backing | Section 154 CrPC mandates registration of FIR on receipt of information |
| Purpose | Protects victim’s rights, prevents police delay or refusal |
| Transfer | FIR can be transferred to jurisdictional police station later |
| Supreme Court | Has consistently ruled police must register FIR without delay or jurisdictional excuse |
Conclusion
The Zero FIR system is a vital legal mechanism ensuring that police cannot refuse to register FIR on technical grounds of jurisdiction. It safeguards the complainant's right to immediate action and initiates timely investigation. Supreme Court rulings, especially Lalita Kumari (2014), have strengthened this position, making it clear that registration of FIR is mandatory and cannot be denied.
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