Overview and Purpose
A Zero FIR allows any police station to register a complaint relating to a cognizable offense, irrespective of territorial jurisdiction. This mechanism ensures immediate initiation of legal processes, prevents delays due to jurisdictional issues, preserves crucial evidence, and provides timely assistance/medical support to victims.
The provision is statutorily recognized under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which mandates registration of information for cognizable offenses “irrespective of the area where the offense is committed.”
Cognizable Offence
A cognizable offense is an offense in which a police officer has the legal authority to register an FIR and investigate the case without prior authorization from a magistrate.
Who May Lodge a Zero FIR?
A zero FIR may be lodged by:
- The victim of the offense.
- Any family member or relative of the victim.
- Any person with knowledge of the facts of the incident.
Mandatory Obligations of Police Officers
Police officers have a statutory duty to register information disclosing a cognizable offense promptly. Key obligations include:
- No Territorial Restriction: The officer-in-charge must register a zero FIR even if the offense occurred outside the station’s jurisdiction.
- Numbering: Registered as “Zero FIR” (serial number 0(1), 0(2), 0(3), and so on) and later transferred to the jurisdictional Police Station for regular FIR numbering.
- Free Copy: A copy of the registered information must be provided to the informant/victim immediately, free of cost [Section 173(2), BNSS].
- Immediate Action: Secure the crime scene, preserve evidence, provide medical assistance (if required), and record preliminary details.
Procedural Workflow
A. Determination of Offence Category
- Cognizable Offense—Register Zero FIR immediately.
- Non-Cognizable Offense—The substance of the information shall be entered in the General Diary (GD)/Station House Diary. The informant shall be politely advised to lodge a complaint with the jurisdictional Police Station or approach the concerned Judicial Magistrate under Section 175 (3)/175 (4) of BNSS for necessary directions.
B. Modes of Reporting
- In Person (oral or written)
- Electronic means (email, online portal, telephone followed by written confirmation)
C. Special Provisions for e-FIR [Section 173(1)(ii), BNSS]
The requirement for an electronic communication to be signed within three days under Section 173(2) of the BNSS acts as a formalization process to transform a digital report into a legal record, yet it includes a critical safeguard to ensure justice is not hindered by technicalities.
While the signature provides necessary accountability and verification for the informant’s statement, the law mandates that in cases of serious cognizable offenses, the police must not halt their proceedings simply because the three-day window has lapsed.
Instead, the officer is duty-bound to verify the authenticity of the information and, if found truthful, proceed with the investigation or transfer the report to the jurisdictional station. This ensures that the state’s obligation to prosecute crime and protect the society remains paramount, preventing an accused from escaping liability due to a procedural delay or the informant’s subsequent failure to appear.
D. Section 173(3) BNSS, 2023 – Preliminary Enquiry in Cognizable Offences
Section 173 of the BNSS creates a two-fold mechanism for reporting cognizable crimes. First, it codifies Zero FIR, allowing victims to lodge a report at any police station regardless of where the crime took place. Second, under Section 173(3), if the alleged offense carries 3 to 7 years in prison, police may obtain permission from a Deputy Superintendent of Police to run a 14-day preliminary inquiry. This ensures immediate reporting access while safeguarding individuals from hasty or arbitrary prosecution if a prima facie case does not exist.
Post-Registration Protocol
- Record the substance in the General Diary (GD).
- Take immediate measures to preserve evidence and assist the victim.
- Inform the informant about the transfer.
- Expeditiously transfer the case to the jurisdictional police station.
Transfer Checklist
Ensure the following are sent:
- Original Zero FIR and statements
- Seizure memos and evidence inventory
- Medical reports (if any)
- Arrest memo and inspection memo (if accused arrested)
- GD extract
Police Action When Accused Is Present
The police must first register the Zero FIR immediately. Upon registration, they may arrest the accused (in cognizable cases), secure evidence, record statements if offered, and follow all legal safeguards. The accused must be produced before the magistrate within 24 hours, and the entire case must be transferred promptly to the jurisdictional police station.
Transfer of Zero FIR
The transfer of a Zero FIR should be carried out promptly to ensure that the investigation is undertaken by the police station having territorial jurisdiction. The following procedure should be followed:
Step 1: Identify the Jurisdiction
- Ascertain the police station having territorial jurisdiction over the place of occurrence.
- Verify the jurisdiction carefully, as a Zero FIR can be transferred only once through the Crime and Criminal Tracking Network and Systems (CCTNS).
Step 2: Transfer the Zero FIR
- Transfer the Zero FIR within 24 hours of its registration through:
- CCTNS, where the jurisdictional police station is within the same state; or
- Official electronic means, such as email or the Crime Multi Agency Centre (Cri-MAC) platform, where the jurisdictional police station is located outside the state.
- The Officer-in-Charge (OC) of the transferring police station shall dispatch the physical records immediately, and in no case later than 48 hours, to the jurisdictional police station. These shall include:
- The signed original complaint;
- A certified copy of the Zero FIR;
- Identity proof of the complainant (if available);
- The complainant’s mobile number, email address, and other contact details (if available);
- The relevant General Diary (GD) extract;
- Medical reports, if any; and
- Any other supporting documents available.
- Where the Zero FIR is transferred to a police station outside the state, the physical records shall be forwarded through the jurisdictional Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
Responsibility After Transfer
Upon receipt of the Zero FIR, the jurisdictional Police Station shall immediately assign a regular FIR number, continue the investigation from the stage reached, and ensure that no investigative delay occurs because of the transfer.
Best Practices
- Regular training of staff.
- Maintain a dedicated Zero FIR register.
- The information shall be recorded accurately in the words of the informant as far as practicable, without alteration, omission, or addition.
- Where the information clearly discloses a cognizable offense, registration of a Zero FIR shall not be postponed for conducting a preliminary inquiry, except where specifically permitted by law.
- Inform the complainant of the Zero FIR number, date, and the police station to which it will be transferred.
- The information shall be read over to the informant and signed or thumb-impressed by the informant after confirming its correctness.
- Use CCTNS for fast transfer.
- Supervisory monitoring through Daily Crime Reports.
- Circle Officers/SDPOs/ACPs shall periodically review pending Zero FIR transfers to ensure timely compliance.
- Preserve physical and electronic evidence, including CCTV footage, mobile phones, digital records, and electronic communications, wherever relevant.
- Arrange immediate medical care, counselling (where required), protection, shelter, and other victim support services through the appropriate authorities.
- Where the victim is a woman, child, senior citizen, or person with a disability, the provisions of the BNSS and other applicable laws regarding recording of statements, place of recording, interpreter/special educator, and assistance shall be strictly followed.
- In cases of sexual offenses, the statement of the woman victim shall be recorded by a woman police officer or any woman officer.
Time Limits Summary
| Action | Timeline |
|---|---|
| Register Zero FIR | Immediately |
| Medical help to the victim | Immediately |
| Give a free copy. | Immediately |
| Preserve evidence. | Immediately |
| Transfer through CCTNS/electronic mode | Within 24 hours |
| Dispatch physical records. | Within 48 hours |
Consequences of Refusal
Refusal to register information disclosing a cognizable offense violates the directions of the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh and may attract criminal liability under Section 199 of the Bharatiya Nyaya Sanhita, 2023, apart from departmental disciplinary proceedings and other legal consequences.
Conclusion
The Zero FIR is a citizen-centric reform that removes jurisdictional barriers and ensures immediate access to justice. Its strict implementation is a fundamental duty of every police officer, protecting victims’ rights, enabling prompt legal action, and upholding the rule of law.
