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Revolutionizing Crime Reporting: Zero FIR and e-FIR Under BNSS 2023

Any person can report a crime, regardless of where it happened, at any police station by using a Zero FIR. This clause guarantees that the police station will promptly register the FIR and forward it to the relevant authority for further investigation. The notion was presented in order to assure timely response and alleviate jurisdictional delays.

Through the process of official police websites or portals, an electronic police report (e-FIR) can be submitted. This method uses technology to improve the reporting of crimes, increase accessibility, and shorten the registration procedure. Before the e-FIR is formally registered, it is validated and, if needed, a preliminary investigation is carried out. Zero FIR and e-FIR embrace the goal of improving the efficiency and accessibility of the crime reporting procedure so that everyone, wherever they may be, can access justice.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

The Lok Sabha passed the BHARATIYA NYAYA SANHITA, 2023, Rajya Sabha passed the Bharatiya Nagarik Suraksha Sanhita, 2023, and the President endorsed the Bharatiya Sakshya Adhiniyam, 2023. These laws aim to replace and repeal the Indian Penal Code, 1806, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively. Replace, the laws from the colonial past, restructure India's criminal justice system, and defend citizens' rights by emphasizing justice above punishment.

Background Of History:
  • The Ministry of Home Affairs suggested the Zero-FIR idea for crimes against women in 2015. It is not a unique idea.
  • The courts have also backed the filing of Zero-FIRs in a number of instances, emphasizing the need to document information regarding crimes that qualify for prosecution and send it to the relevant police station.
  • The BNSS now makes zero-FIR a lawful provision.
Zero FIR (The First Information Report) is a concept that was developed to make sure that any police station, independent of the jurisdiction in which the incident took place, could receive reports and registrations for cognizable offenses. The goal of Zero FIR is to make it easier to file a complaint as soon as possible, especially when it's urgent that action be taken.

The Zero FIR provision is undoubtedly advantageous for victims as it requires police officers to record the initial information regardless of their geographical jurisdiction.

What Is Zero-FIR

A Zero-FIR is a crucial rule that permits anyone to report a crime at any police station, regardless of the location of the incidence. The phrase "irrespective of the area where the offence is committed" in Section 173 clearly affirms the requirement that police register a "Zero FIR," which denotes the duty to report any information regarding the commission of a crime that is legally actionable, regardless of whether the particular crime was committed within the jurisdiction of the concerned police station or not.

Preliminary Inquiry: For cognizable offenses carrying a sentence of three years or more but less than seven years in prison, Section 173(3) provides for a preliminary inquiry before an investigation, provided that an officer not lower than the rank of Deputy Superintendent of Police grants permission in advance after taking the offense's seriousness and nature into account. There is a deadline for this inquiry: it must be finished within 14 days of receiving the information. Once the inquiry is over, the police will begin an investigation if there is a Prima Facie.

Section 173 Of The BNSS Covers The Equivalent Provision, However Section 154 Of The Crpc Requires The Registration Of FIRs

Section 173 of the BNSS 2023 now contains a statutory mandate for Zero FIR:
  • Even if the incident did not take place within the police station's jurisdiction, anyone wishing to report a crime can go to any police station and file a formal complaint (FIR).
  • The inquiry is then started by the police station where the report is lodged, which also assigns a temporary case number (a Zero FIR).


After then, the file is transferred to the local police station responsible for the offense. When a victim or witness need prompt police involvement and waiting to reach the appropriate jurisdiction could result in needless delays, zero fault reports are especially helpful. It ensures that the legal procedure begins immediately, and jurisdictional concerns are not hampering the inquiry

Methods For Reporting:
  • Verbally:
    1. The policeman is required to document any verbal reports of crimes.
    2. The information must then be read back by the officer.
    3. To verify the written information, a signature is required.
       
  • Electronically:
    1. Should the offense be reported via electronic mail, the police have to document it.
    2. For the electronic report to be formally recorded, it must be signed within three days.
It is crucial to note that the Indian criminal justice system has long used the idea of a Zero FIR. The government advised the filing of Zero FIRs expressly for crimes against women in a 2015 Ministry of Home Affairs advice. Additionally, in a number of cases, the judiciary has repeatedly stressed how important it is to file Zero F As an example, the Supreme Court ruled IN STATE OF AP VS. PUNATI RAMULU AND OTHERS that a constable's recording of information about a cognizable offence and subsequent reporting of that information to the police station with jurisdiction over the alleged crime scene was not prohibited by a lack of territorial jurisdiction.

Anyone seeking to report a crime can go to any police station and file a formal complaint (FIR), even if the incident did not occur within the station's jurisdiction.

The police station where the report is filed then opens an investigation and issues a provisional case number (a Zero FIR). After then, the file is transferred to the local police station responsible for the offense.

Zero fault reports are particularly useful when a victim or witness needs immediate police participation and waiting to get to the right jurisdiction could cause unnecessary delays. It helps ensure that jurisdictional issues don't obstruct the investigation and that the legal process starts as soon as possible.

whichever jurisdiction where the crime happened, anyone can submit a cognizable offense at any police station by using a Zero FIR. This implies that the region where the crime occurred does not have to be under the jurisdiction of the police station where the FIR is filed.

Importance Of Zero FIRS
  • Immediate Action: The Zero FIR policy guarantees that prompt action can be performed without any delay due to jurisdictional concerns. This is especially important in urgent situations, such crimes against women, children, or other vulnerable populations.
  • Accessibility: Victims can approach any nearby police station without worrying about jurisdiction, which makes the procedure of reporting crimes more accessible to the general public.
  • Legal Duty: The inclusion of Zero FIR in BNSS 2023 mandates the police to register information about a cognizable offense, ensuring that no complaint is ignored due to jurisdictional constraints.


Impact On Registration Of FIRS:
  • Delay Reduction: Zero FIR minimizes the delays that frequently arise when victims are sent to multiple stations according to jurisdiction by enabling FIRs to be filed at any police station.
     
  • Enhanced Reporting: Regardless of where the incident occurred, it motivates more people to report crimes since they know that their complaints will be logged and handled quickly.
     
  • Clarity Regarding Jurisdiction: After the Zero FIR is assigned to the proper jurisdiction, there are no more questions about jurisdiction, so the investigation may move forward more easily and effectively.
     
  • Support In Urgent Circumstances: Zero FIR guarantees that the investigation's preliminary procedures can start right away in circumstances of urgency, such as major crimes or emergencies. This can be important in preserving evidence and capturing suspects.

What Is E-FIR

Electronic communication is a recognized and legitimate method of reporting cognizable infractions by the BNSS. The electronic first information report, or E-FIR, is a sign of the legislature's determination to adopt a more modern and citizen-friendly approach.

Electronic FIR registration is permitted by BNSS Section 173.

Here is a basic review of how e-FIR functions:

Step 1: Initiation: By any electronic communication, the police website, or the official e-FIR portal, the complainant can electronically file a complaint. This involves supplying personal information, incident facts, and corroborating paperwork.

Step 2: Confirmation and Initial Questionnaire: The investigation officer receives the filed e-FIR for preliminary verification. With authorization from a higher-ranking officer, a preliminary investigation may be carried out within 14 days if the offense carries a three-to seven-year jail sentence.



Step 3: Registration within 3 days: To be formally registered as a FIR, an electronically submitted complaint must be signed by the complainant within 3 days. This guarantees prompt police intervention.



Step 4: Copy of FIR: In accordance with BNSS Section 173(2), the informant or victim shall receive a complimentary copy of the FIR as soon as it is recorded.



Step 5: Assignment and inquiry: After reviewing the FIR, the Station House Officer (SHO) assigns it to an investigating officer, who then carries out the inquiry in accordance with protocol.

Review Based On Parliament
Though recognizing the benefits of online FIR registration, the Parliamentary Standing Committee on Home Affairs recommended regulating it through specific channels to prevent logistical and technical issues. In spite of this, the suggested regulation clause was not included in the BNSS when it was passed.

Procedure for Filing an E-FIR

  • Initiation: By any electronic communication, the police website, or the official police e-FIR portal, a complainant may electronically file a complaint. This involves supplying personal information, incident facts, and corroborating paperwork.
  • Verification and Preliminary Enquiry: The investigation officer receives the submitted e-FIR for preliminary inquiry and verification. With authorization from a higher-ranking officer, a preliminary investigation may be carried out within 14 days if the offense carries a three-to seven-year jail sentence.
  • Recording and Confirmation: In order for the electronic report to be formally recorded, it must be signed within three days.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 streamlines the process of filing an e-FIR, making it easier and more efficient to report crimes. The steps and advantages are broken down as follows:

Advantages of Electronic Fingerprint Registration

  • Accessibility: There are no geographical restrictions because anyone can file an e-FIR from anywhere.
  • Efficiency: Reduced paperwork and quicker processing lead to increased efficiency.
  • Transparency: Accountability and transparency are enhanced by digital records.
  • Timeliness: Prompt registration guarantees prompt inquiry and response.
In conclusion, e-FIRs facilitate reporting, provide citizens more control, and contribute to a more effective criminal justice system.

Effects on the Criminal Justice System

The BNSS 2023's implementation of e-FIR greatly improves the criminal justice system's use and effectiveness by:
  • Cutting Down on Latency: Making sure that FIRs are updated and registered on time.
  • Expanding Reach: Enabling residents in isolated locations to report crimes without regard to location.
  • Encouraging Confidence: Establishing accountable and transparent procedures to foster public confidence.
All things considered, the e-FIR system is a revolutionary step toward updating and improving the responsiveness and citizen-friendliness of India's criminal justice system.

Conclusion

In conclusion, everyone should be aware about Zero-FIR, E-FIR, and preliminary inquiries under The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). These new regulations simplify the process of reporting crimes and obtaining prompt assistance from the police, regardless of the location or method of reporting.

Zero-FIR ensures that, regardless of the location, all complaints regarding significant crimes are registered and investigated. Using E-FIR to receive aid is less stressful and faster. Thus, being aware of these new regulations makes everyone safer and more aware of their rights. Through their effective use, we can guarantee equitable and universal access to justice.

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