Zero FIR & The BNSS: Your Questions Answered
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has overhauled criminal procedure in India. One of the most critical changes for the common citizen is the statutory recognition of the Zero FIR.
Whether you are a citizen trying to understand your rights or a lawyer navigating the new procedural codes, here is everything you need to know about Zero FIR under the new law.
Q1: What exactly is a Zero FIR?
A Zero FIR is a First Information Report that can be filed in any police station, regardless of whether the offence was committed in that station's jurisdiction.
It is called "Zero" because it is not assigned a regular serial number at that station. Instead, it is given the number '0' and then transferred to the police station that actually has jurisdiction over the crime scene for investigation.
Q2: How has the BNSS changed Zero FIR?
Previously, Zero FIR was based on Supreme Court judgments (specifically Lalita Kumari vs Govt of UP). Under the BNSS, it is now a statutory obligation.
Section 173(1) of the BNSS explicitly states that information regarding a cognizable offence can be given to a police officer "irrespective of the area where the offence is committed." This removes any ambiguity—a police officer can no longer legally refuse you by citing "jurisdiction."
Q3: Can I report a crime electronically (e-FIR)?
Yes. Section 173 allows you to report crimes via electronic communication (email, WhatsApp, or official portals).
The Critical Catch: For this to become a legal FIR, you must visit the police station and sign the record within 3 days of sending the electronic report. If you don't sign it within this window, the FIR may not be registered.
Q4: Is the police forced to register an FIR immediately in all cases?
Not always. This is a crucial update for legal professionals. Section 173(3) of the BNSS introduces a Preliminary Enquiry (PE).
- If the offence is punishable with imprisonment between 3 and 7 years, the police may conduct a preliminary enquiry to verify if a prima facie case exists.
- They have 14 days to complete this enquiry.
Exception: For heinous crimes (punishment 7+ years) or cases involving immediate threat, immediate registration is still mandatory.
Q5: What happens after a Zero FIR is registered?
Once the FIR is registered as '0', the station is legally bound to transfer the documents to the jurisdictional police station. Under the new Standard Operating Procedures (SOPs), this transfer usually must happen within 24 hours. This ensures that medical examinations or evidence collection are not delayed by bureaucracy.
Q6: What should I do if an officer refuses to file a Zero FIR?
First, remind them of Section 173 BNSS. If they still refuse:
- Escalate the matter to the Superintendent of Police (SP) under Section 173(4).
- If that fails, you can approach the Magistrate under Section 175(3) (previously Section 156(3) CrPC) to direct an investigation.
Refusal to register can now invite stricter disciplinary action against the officer.
