Three new Criminal laws were notified by the Government of India on 25th December 2023, Indian Penal Code, 1861 (IPC) was replaced by The Bharatiya Nyaya Sanhita-2023 (BNS), Criminal Procedure Code,1973 (CrPC) was replaced by The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) and The Indian Evidence Act, 1872 was replaced by The Bharatiya Sakshya Adhiniyam-2023 (BSA).
BNSS which replaced CrPC has the provisions of registration of a cognizable offence under section 173 (earlier section 154 CrPC).
What Is a Zero FIR?
On the receipt of any information regarding the commission of cognizable offence which has been committed outside of the territorial jurisdiction of that police station, the officer on duty records the details of the complaint in the Zero FIR register, irrespective of the jurisdiction. The case is registered as Zero FIR or ‘O’ FIR under relevant sections of law. Meaning that a Zero FIR (First Information Report) is a statutory provision under Section 173(1) of the BNSS, 2023, allowing a person to report a cognizable offence at any police station, irrespective of where the crime occurred. It’s initially recorded with a “Zero” prefix and later transferred to the appropriate jurisdictional station for further action.
Legal Foundation in BNSS
BNSS replaces CrPC, updating FIR protocol with the following:
Section 173(1) enables oral or electronic recording of cognizable offences at any police station, regardless of location
Section 173(2) complainants must receive a free copy of the FIR.
Section 173(3) for offences punishable between 3 to 7 years, police may conduct a preliminary enquiry (within 14 days) before registering a full FIR, with DSP approval.
Section 173(4) if police refuse to register, the complainant can escalate the matter to the SP or Magistrate.
Step-by-Step Procedure:
1. Complainant Lodges Complaint: Approach any police station and report a cognizable offence. The SHO or officer on duty must record the statement verbatim, either orally or via e-communication and read it back for signature.
2. Zero FIR Registration: The FIR is numbered with “Zero” to indicate jurisdictional transfer. The complainant gets a free copy immediately.
3. Preliminary Enquiry (If Applicable): For offences punishable by 3–7 years, the officer-in-charge of police station may initiate a preliminary enquiry with DSP approval to determine if a full investigation is warranted.
4. Transfer to Jurisdictional Station: The Zero FIR is officially forwarded to the correct station, which then re-registers it as a full FIR and assigns an Investigating Officer (IO).
5. Formal Investigation: The IO conducts the investigation as per BNSS guidelines, collecting evidence, arresting suspects if needed, and updating the complainant.
Why Zero FIR Under BNSS Matters?
Instant Access to Justice: It removes delays caused by jurisdictional confusion and is vital in urgent or sensitive cases.
Victim Protection: It ensures immediate official acknowledgment and prevents evidence tampering.
Legal Backing: It is codified under BNSS, unlike the previous CrPC era practice. Provides for accountability mechanism. It sets clear redressal path if FIR registration is refused and complainant can escalate to SP or Magistrate.
What Happens After Registration?
Zero FIR Logged: It is documented in a special register and free FIR copy given to the complainant.
Preliminary enquiry, if required, within 14 days to confirm prima facie merit. Thereafter the FIR is transferred and re-registered by forwarding to territorial police station. Re-registration is under regular FIR numbering.
Investigation conducted by assigned investigating officer primarily includes evidence gathering, witness interviews, medical exams, arrests.
FAQs Around Zero FIR
Can any cognizable offence be reported via Zero FIR and does preliminary enquiry applies?
Yes. If punishment is up to 7 years, a preliminary enquiry may be applied. Otherwise, full FIR is registered immediately.
What if police refuse to register?
You can file a complaint with the Superintendent of Police (SP) or approach the Magistrate as provided under BNSS Section 173(4).
Is e‑FIR available?
Yes, BNSS allows FIR registration via electronic portals, with the complainant required to sign the paper copy within three days.
Zero FIR under the BNSS is a powerful tool ensuring justice is not hindered by administrative boundaries. It guarantees immediate complaint registration, confirms a complainant’s right to a free copy, allows preliminary checks for mid-grade offences, and mandates smooth transfer and investigation, all backed by clear escalation channels.
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