WhatisfirchThe dynamic nature of India's criminal justice system demands that its procedural guidelines be updated on a regular basis to guarantee prompt, equitable, and accessible justice. In this regard, the introduction of Zero FIR and electronic First Information Reports (e-FIR) in New Criminal Laws, especially the Bhartiya Nagarik Suraksha Sanhita (BNSS), signifies a noteworthy advancement in modernizing the legal system and improving the effectiveness of law enforcement.

With the launch of e-FIR, the goal is to use technology to streamline the reporting of crimes, increase public accessibility, and shorten the time needed for registration and follow-up action. Geographical restrictions and administrative bottlenecks are to be eliminated by this system, guaranteeing that crime victims, wherever they may be, can report occurrences accurately and swiftly.

Conversely, Zero FIR tackles the crucial problem of jurisdictional restrictions that have traditionally delayed the prompt start of criminal investigations. Zero FIR guarantees that no time is lost in beginning the investigative process, offering immediate relief and guaranteeing a quicker reaction from the relevant authorities. It does this by enabling any police station to record a FIR regardless of the location of the incident.

The goal of this set of Standard Operating Procedures (SOPs) is to strive to implement the BNSS's e-FIR and Zero FIR requirements as effectively as possible. This draft SOP's technical component is merely basic, and as we proceed with implementation, legal experts' constant input and gradual modifications will be essential to resolving any issues that may come up and guaranteeing the smooth operation of these new protocols.

This Standard Operating Procedure (SOP) is merely a recommended framework for the use of law enforcement and police units in state and federal organizations. State and federal police organizations are free to expand upon this basic structure in accordance with their unique requirements and the need for special acts based on these procedural laws.

Zero FIR Registration
The Criminal Procedure Code, 1973 has been superseded by the Bharatiya Nagarik Suraksha Sanhita (BNSS)-2023. Section 173 of the BNSS now contains the procedures for registering a cognizable crime, whereas section 154 of the CrPC did not. The following procedural steps are described in the SOP and can be used for the submission and processing of Zero FIRs.

Filing a Zero FIR with the BNSS

• Step 1: To file a complaint, a complainant goes to any police station, regardless of its territorial jurisdiction (173(1) BNSS).
• Step 2: The SHO or the officer on duty records the details of the complaint in the Zero FIR register upon receiving any information regarding the commission of a cognizable offence that has been committed outside of the territorial jurisdiction of that police station. Regardless of the jurisdiction, the case will be registered as Zero FIR or "O" FIR under applicable sections of law.

According to BNSS section 173(1):

1. Any information relating to the commission of a cognizable offence, regardless of the area where the offence is committed, may be given orally or electronically. If given to an officer in charge of a police station, it shall be reduced to writing either orally by him or under his direction, and the informant shall be read over it; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person providing it;
    
2. by electronic communication; it will be recorded by him as soon as the sender signs it within three days, and the contents will be recorded in a book that the officer will keep in the format that the State Government may designate for this purpose:

A woman police officer or any other women officer shall record the information provided by women who are accused of committing or attempting to commit an offense under section 64-71, section 74-79, or section 124 of the BNS, 2023.

As further provided, in the event that the person accused of committing or attempting to commit an offense under any of the following sections of the Bharatiya Nyaya Sanhita, 2023: 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 78, 79, or section 124 is temporarily or permanently mentally or physically disabled, such information shall be recorded by a police officer at the residence of the person seeking to report such an offense or at a convenient location of their choice, in the presence of an interpreter or a special educator, as applicable.

Preliminary enquiry
According to BNSS 173(3), "Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer-in-charge of the police station may, with prior permission from an officer not below the rank of Deputy Superintendent of Police, and taking into consideration the nature and gravity of the offence:

1. Proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within fourteen days; or
2. Proceed with investigation when there is a prima facie case.

Registration and copy to the complainant

• Step 3: The officer files the Zero FIR after meeting the conditions outlined in section 173 BNSS. To designate that it is a Zero FIR, "Zero" is prefixed to the FIR number. The informant or the victim shall promptly receive a free copy of the information as recorded under sub-section (1) (173(2) BNSS)

The investigating officer of the same police station may conduct a primary investigation following the filing of a zero-file report, if needed (e.g. Medical Examination of a Rape victim)

Transfer

• Step 4: The official notifies the police station in charge of the incident site of the Zero FIR.
• Step 5: After receiving the Zero FIR, the concerned police station re-registers it in their records as a regular FIR.
• Step 6: The investigating officer is tasked by the SHO with taking further action on the FIR.

Investigation

• Step 7: The investigating officer carries out the investigation in accordance with BNSS standard operating procedures.
• Step 8: The complaint receives regular updates on the investigation.

e-FIR Registration:
Zero-FIR and e-FIR provisions were added to the Code of Criminal Procedure, 1973, which was superseded by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Section 173 of the BNSS now contains the provisions for registering a cognizable offence, formerly included in section 154 of the CrPC. The following procedural procedures are described in the SOP and can be used for the submission and processing of e-FIRs.

Initiation:

• Step 1: The complainant accesses the official police website or e-FIR portal, or they can use any electronic communication method to convey the information or complaint to the relevant police station. According to section 173(1) of The Bharatiya Nagarik Suraksha Sanhita (BNSS), information about the commission of a cognizable offence may be provided orally or electronically, regardless of the location of the offence.
• Step 2: The complainant completes the necessary fields or attaches the following material to his complaint: personal data, incident details, and any corroborating paperwork. The electronic communication can be downloaded and stored on a computer within the police station. Electronic data about the commission of a crime that is punishable by law may be submitted as directed by the department head or in the e-complaint/e-FIR register.

Verification and Preliminary Enquiry:

• Step 3: The investigating officer receives the completed e-FIR for preliminary verification. Under BNSS 173(3), "Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer-in-charge of the police department shall, without prejudice to the provisions contained in section 175" station may, in light of the circumstances and seriousness of the offense, do so with the previous consent of an officer holding a rank equal to that of deputy superintendent of police.

Registration within 3 days:

• Step 4: If the information is transmitted electronically, it can only be recorded by a police officer and signed by the sender within three days. Once signed, the FIR will be filed. In accordance with Bharatiya Nagarik Suraksha Sanhita (BNSS) section 173:
  1. Any information pertaining to the commission of a cognizable offense, regardless of the location of the offense, may be communicated orally or electronically, and if provided to a police station officer in charge:
     1. verbally, it must be put in writing by him or under his supervision, then read to the informant; all such information, whether provided verbally or put in writing as described above, must be signed by the individual providing it;
     2. by electronic communication; it will be recorded by him as soon as the sender signs it within three days, and the contents will be recorded in a book that the officer will keep in the format that the State Government may designate for this purpose:
  2. Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer.

Conclusion
India's new criminal legislation, which include Zero FIR and e-FIR, represent a revolutionary step in modernizing the nation's justice system. Zero FIR guarantees quick and easy access to legal action by enabling victims to register FIRs at any police station, regardless of jurisdiction. This modification helps victims in critical or dangerous circumstances by enabling prompt police response and expediting the timely preservation of evidence. To enhance accessibility and convenience for the public, the implementation of e-FIR allows for the online submission of FIRs.

Written By: Akanksha