To understand ZERO FIR, First it is necessary to understand what
does an FIR mean.
What is FIR ?
A First Information Report
(F.I.R.) is the first information in
point of time regarding the commission of a cognizable offence that is given to
the police and is recorded in the manner provided under section 154 of the
Cr.P.C.
It is generally a complaint
lodged with the police by the victim of a cognizable
offence or by someone on his or
her behalf, but anyone can make such a report either orally or in writing to
the police.
By whom FIR can be filled ?
Any person who has knowledge
about the commission of a cognizable offence may register an F.I.R. with the
police. Such person may be:
1. The victim of the offence,
or
2. a family member of the
victim, or
3. a witness to the offence, or
4. the person who has committed
the offence, or
5. a police officer, or
6. any other person who has
come to know about such offence.
An F.I.R. may also be
registered under the order of a Magistrate. For example, if any woman files a
complaint before the Magistrate that her husband is harassing her for dowry. If
the Magistrate forwards the complaint to the officer-in-charge of the concerned
police station without taking cognizance, then the officer should register an
F.I.R. and then investigate the case (Cr.P.C. section 156 (3)).
Contents of FIR
Every FIR has serial no, date of occurrence, time of occurrence,
place of occurrence, contents of complaint etc. and it is lodged because of
commission of cognizable offence (an offence in which police can take suo motu
action and no prior approval from court is required).
Every police station has jurisdictional area for which they can
take up the investigation if commission of cognizable offence area found under
their jurisdiction. For example, if someone's phone is theft at Bus stand
of LalQuila , Delhi then the police station whose under LalQuila come will
lodge such persons FIR and investigate it.
What is ZERO FIR ?
The concept of Zero FIR is a
free jurisdiction FIR. The provision of Zero FIR came up as a recommendation in
Justice Verma Committee Report in
the new Criminal Law (Amendment) Act, 2013 after the heinous Nirbhaya case of
December 2012. The provision says:
" A FIR can be filed at any police station irrespective of
place of crime and area of jurisdiction. This provision is for everyone. When
in trouble Men and women will be benefited equally. "
In Zero FIR, any police station can register FIR irrespective of
jurisdictional area but the investigation will be taken up the police in which
place of occurrence reported in FIR. The police station registers the zero FIR
marking it serial no. zero and transfer to the competent jurisdictional area
which can carry out the investigation. The sanctity of legal process remains
same in Zero FIR.
It is very helpful for people
as it facilitate them by not allowing making rounds of different police station for
lodging the FIR.
A Zero FIR can be filed in any
police station by the victim, irrespective of their residence or crime place.
Even if you are away from the place of incident or are unaware of the right
jurisdiction, you can successfully file an FIR in any police
station. This type of FIR is
termed as a Zero FIR.
What can be done if police refuses to file ZERO FIR ?
In many cases it happens that
the police officers deny to acknowledge a Zero FIR and also try to convince the
victim and his family to approach the concerned police station for registering
the FIR rather than trying to help them.
Many of us do not know that
according to Section 166A of the Indian
Penal Code added by Criminal Law (Amendment) Act, 2013, a police officer refusing to register FIRs related to certain offences
against women (such as rape, molestation, etc.) can be punished with
imprisonment for a term which may extend to one year or with a fine or with
both.
A Constitution Bench of the Supreme Court in Lalita
Kumari v. Govt.of UP and Others (2008) 7 SCC 164 has issued the following guidelines:-
a) The registration of FIR is
mandatory under section 154 of CrPC, if the information discloses commission of
a cognizance offence.
b) The police officer cannot
avoid his duty of registering offence if cognizable offence is disclosed.
Action must be taken against erring officers who do not register the FIR if
information received by him discloses a cognizable offence.
c) Action must be taken against
erring officers who do not register the FIR if information received by him
discloses a cognizable offence.
The Supreme Court in Bimla Rawal and Others Vs. State (NCT of
Delhi) and Another 2008 II AD Delhi 188 has held:-
“It is clear that the law is
that police can register an FIR of commission of a cognizable crime but after
registration of FIR, if on scrutiny or investigation, it is found that crime
was not committed within the jurisdiction of that Police Station but was
committed within the jurisdiction of some other Police Station, the FIR should
be transferred to that Police Station."
" However, if at the time
of registration of FIR itself, it is apparent on the face of it that crime was
committed outside the jurisdiction of the Police Station, the Police after
registration of FIR should transfer the FIR to that Police Station for
investigation. Normally a ‘Zero’ FIR is registered by Police in such cases and
after registration of FIR, the FIR is transferred to the concerned Police
Station.”
How to File a ZERO FIR ?
1. Like all regular FIRs, a Zero FIR can be filed in accordance to
the below mentioned procedure.
2. Statement will be recorded by the police officer in writing.
3. All details, without any speculation or assumption should be
provided to the police during the statement.
4. Make the statement official by signing the register.
5. Get a copy of your complaint and ask for the identification
number or Roll is not provided.
When to use a ZERO FIR ?
The main idea of a Zero FIR is to initiate the investigation or
urge the police to take their initial action. Once you have lodged a Zero FIR,
make sure that your complaint is not transferred to the appropriate police
station in your jurisdiction without any initial action or investigation. Crimes
like murder, rape and accidents require immediate action from the concerned
police authorities so that they take appropriate samples, eye witnesses and
other circumstantial details. Zero FIR allows the authorities to pen down the
initial action taken rather than trying to figure out what had happened at the
crime scene initially.
Important Case laws on ZERO
FIR
In the case of Satvinder Kaur
vs. State (Government of NCT Delhi), The complainant had appealed in the
Supreme Court against the order of the High Court, where the High Court had
quashed the FIR filed at Delhi Police Station by the complainant. The Supreme Court
held that, Police can investigate the case, which does not fall under their
jurisdiction.
In the case of Bimla Rawal
and Ors.v State (NCT of Delhi) and Anr 2008 II AD Delhi 188, FIR was lodged
in Delhi, despite the fact that all incidents occurred in Mumbai. Writ Petition
was filed in Supreme Court regarding the mala fide intentions of police
succumbing under the pressure of opposite.
Impact of ZERO FIR
A famous example of Zero FIR is Aasaram Bapu rape case. In the FIR, the place of occurence of offence
falls under the jurisdiction of Jodhpur, Rajasthan but the Police Station Kamla
Market, Delhi registered the FIR, then transferred it to Jodhpur, for further
investigation. Then Jodhpur police taken up the investigation.
References :
1.https://www.google.co.in/url?sa=t&source=web&rct=j&url=http://www.droitpenaleiljcc.in/PDF/V1I1/10.pdf&ved=2ahUKEwjJ58uJ-arbAhUVfn0KHfsUA1kQFjAAegQIBxAB&usg=AOvVaw23_bIDVb9wDI37MQAqek_o
