Zero FIR and Inter-State Criminal Jurisdiction
Context
The West Bengal Police registered a Zero FIR in connection with the killing of a migrant worker in Odisha, underscoring the role of Zero FIR in enabling prompt police action across state boundaries without jurisdictional delays in serious crimes.
First Information Report (FIR)
An FIR is the first written record of a cognizable offence registered by the police, which initiates a criminal investigation.
A cognizable offence is a serious crime in which the police can register a case and arrest without a warrant.
An FIR is usually filed by the victim or a witness at the police station and contains details such as the nature of the offence, date, time, place, and persons involved.
The term FIR is not explicitly defined in the IPC or CrPC, 1973. However, information recorded under Section 154 of the CrPC in police rules and regulations is treated as an FIR.
Section 154 CrPC mandates the police to record information relating to cognizable offences.
Zero FIR
A Zero FIR is an FIR that can be registered at any police station, irrespective of where the crime was committed.
Purpose
To prevent delay in justice caused by jurisdictional objections and to ensure immediate police action, especially in serious and urgent offences.
Origin
Introduced in 2013 on the recommendation of the Justice Verma Committee, particularly to address crimes such as sexual violence and murder.
Process of Filing a Zero FIR
The victim or informant may approach any police station.
The police record the information orally or in writing.
The complaint is registered as a Zero FIR, marked with number “0”.
The FIR is then transferred to the police station having territorial jurisdiction for further investigation.
Difference Between FIR and Zero FIR
Jurisdiction
FIR is filed only in the police station where the offence occurred.
Zero FIR can be filed at any police station, regardless of jurisdiction.
Numbering
FIR is given a regular serial number by the concerned police station.
Zero FIR is initially numbered “0” and renumbered after transfer.
Purpose
FIR formally begins investigation into a cognizable offence.
Zero FIR ensures speedy registration in urgent and serious cases.
Transfer
FIR is investigated by the same police station.
Zero FIR is transferred after registration to the competent police station.
Use Cases
FIR applies to all cognizable offences.
Zero FIR is mainly used in grave offences where delay can prejudice justice.
Legal Basis
FIR is governed by Section 154 of the CrPC.
Zero FIR is recognized under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Conclusion
Zero FIR promotes victim-centric justice, reduces procedural hurdles, and ensures that jurisdiction does not become a barrier to timely legal action, particularly in inter-state and serious criminal cases.
Source : The Hindu