Introduction
When a crime takes place, one of the first steps for a victim or informant is to approach the police and report the offence. However, people are sometimes told that they must approach the police station within whose territorial limits the offence occurred. This can create unnecessary delays, particularly when the victim is in danger, has travelled to another place, or is unable to immediately reach the concerned police station. To address this difficulty, the concept of Zero FIR allows information about a cognizable offence to be recorded at a police station even when the offence occurred outside its territorial jurisdiction.
The Ministry of Home Affairs has issued advisories specifically concerning registration of FIRs irrespective of territorial jurisdiction and Zero FIR. The principle has also been incorporated into the present criminal-procedure framework.
Zero FIR Meaning
A Zero FIR is an FIR that can be registered at a police station regardless of where the alleged offence occurred. It is called a “Zero FIR” because it may initially be registered without assigning the regular FIR number associated with the police station having territorial jurisdiction over the offence.
The primary purpose is to ensure that the victim does not lose valuable time because of a jurisdictional issue. After registration, the FIR and relevant information can be transferred to the police station that has jurisdiction to investigate the offence.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given to the officer in charge of a police station irrespective of the area where the offence was committed. The provision also recognises communication of information by electronic means, subject to the requirements prescribed by law.
When Can a Zero FIR Be Registered in India?
Zero FIR is relevant when the information discloses a cognizable offence, meaning an offence for which the police are legally empowered to investigate according to the applicable law.
For example, suppose a person is assaulted while travelling in another city but reaches their home city immediately afterward. The person may approach the local police station and provide information about the offence. The fact that the incident occurred outside that police station’s territorial limits should not, by itself, prevent the initial registration of the FIR.
The Ministry of Home Affairs has previously clarified that where information discloses a cognizable offence committed outside the jurisdiction of a police station, a Zero FIR may be registered and subsequently transferred to the appropriate police station.
How Does the Process Work?
1. Reporting the offence: The victim or informant approaches a police station and provides information regarding the cognizable offence.
2. Registration: The police record the information even if the alleged offence occurred outside their territorial jurisdiction, where the legal requirements for registration are satisfied.
3. Transfer: The recorded FIR and relevant materials are transferred to the police station that has territorial jurisdiction over the matter for further investigation.
This approach prevents jurisdictional questions from becoming an immediate barrier to reporting a crime. The Ministry of Home Affairs has repeatedly emphasised registration of FIRs irrespective of territorial jurisdiction in its advisories.
Why Is Zero FIR Important?
Zero FIR is particularly important because time can be critical in criminal cases. Delays in reporting may affect the preservation of evidence, identification of suspects, medical examination, or other investigative steps.
It can also be significant for victims who are travelling, living away from the place where an incident occurred, or facing circumstances that make immediate travel difficult. By allowing the initial complaint to be recorded at a convenient police station, the system seeks to reduce procedural obstacles at the reporting stage.
The concept also reflects an important principle: territorial jurisdiction should not become a reason for delaying the recording of information about a cognizable offence.
Conclusion
Zero FIR in India is an important procedural mechanism designed to make the reporting of cognizable offences more accessible and responsive. It allows a person to approach a police station even when the alleged offence occurred outside its territorial jurisdiction, with the matter subsequently being transferred to the appropriate police station for investigation.
Under the current BNSS framework, Section 173 expressly provides for information concerning a cognizable offence to be given irrespective of the area where the offence was committed.
Understanding Zero FIR can help citizens recognise that a jurisdictional issue should not necessarily prevent the initial reporting of a cognizable offence. It is, therefore, an important part of ensuring timely access to the criminal justice process.
Written by Nisha Das
