The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has taken the place of the Criminal Procedure Code of 1973 with effect from 1st July, 2024, with the registration of a cognizable offence now governed by Section 173 of the BNSS rather than Section 154 of the CrPC. The Standard Operating Procedure (SOP) details the procedural steps that can be followed for the submission, registration and processing of Zero FIRs, as the BNSS is silent on some of these aspects.

Who can register a Zero FIR:

A Zero FIR can be filed by the victim, a family member, a relative, or any individual who possesses relevant information about the incident on behalf of the victim.

Zero FIR can only be filed for cognizable offences:
Prior to initiating the registration of a Zero First Information Report (ZFIR), it is essential to determine whether the offence in question is cognizable or non-cognizable, since a Zero FIR may only be filed for cognizable offences.

Zero FIR cannot be filed for non-cognizable offences:

For non-cognizable offences, the complainant should approach the jurisdictional Judicial Magistrate or the police station where the offence occurred, as Zero FIR cannot be filed for non-cognizable offences.

Process of filing of Zero FIR and its Investigation:

Typically, FIRs are lodged at police stations. However, in certain situations, they can also be filed through email, phone calls, or online methods. Unlike a regular FIR, a Zero FIR allows police to document the report regardless of jurisdiction, thus promoting a quicker investigation process. The procedure for filing a Zero FIR is similar to that of a conventional FIR; police officers will record the statement and all relevant details, then issue a duplicate receipt copy (signed and stamped by the receiving police officer) to the informant free of charge.

It is better to document the details of the information in a separate Zero FIR Register to be maintained serially and a gist of the same should be entered in the ledger known as the 'General Diary' maintained at all police stations.

Once the requirements outlined in section 173 of the BNSS are met, the police officer should proceed to register the Zero FIR. The FIR number will have "Zero" prefixed to it, signifying its status as a Zero FIR. A copy of the information duly signed and stamped recorded under subsection (1) of section 173 BNSS will be promptly provided, at no cost, to the informant or the victim as per section 173(2) BNSS. Following the registration of the Zero FIR, the Investigation Officer from the same police station should conduct a preliminary investigation if necessary (for example, a medical examination of a rape victim).

The medical treatment of any other injured person related to a Zero FIR should also be arranged. If the accused is available nearby in heinous or other cognizable cases he should be arrested after proper verification and handed over to the police station having jurisdiction through the local court. If any accused person gets injured in beating by the public or the victim his medical treatment too should be promptly arranged. In fact, any issue which requires immediate attention of the police officer recording the Zero FIR should be promptly attended to.

The officer receiving the Zero FIR will send the same through the OC/SHO of his police station to the OC/SHO of the concerned police station having jurisdiction. The OC/SHO receiving the Zero FIR may also send it through the respective superintendent or commissioner of police, who in turn will send it to the concerned superintendent/commissioner of police having jurisdiction for sending the same to the OC/SHO having jurisdiction for registration of the case based on the Zero FIR.

Once the relevant police station receives the Zero FIR, its re-registers it as a standard FIR in its records (FIR Book). The OC/SHO then designates an investigating officer to take further action on the FIR. The investigating officer conducts the investigation following the established protocols outlined in the BNSS. The investigating officer should keep the complainant of the Zero FIR informed about the progress of the investigation.

Relevant Sections of BNSS in connection with Zero FIR:

According to the provisions of Section 173(1) of the BNSS:

1. Any information concerning the occurrence of a cognizable offence, regardless of the location where it took place, may be reported either verbally or through electronic means. If the information is provided to the officer in charge of a police station:
   • if conveyed orally, the officer must document it in writing or have it documented under his direction, and then read it back to the informant. All such information, whether provided in written form or documented as specified, must be signed by the person giving it;
   • if communicated electronically, the officer must record it and ensure it is signed by the informant within three days.
      
2. According to Section 173(2) of BNSS, if a report is received electronically, it must be recorded after being signed within three days by the informant. The BNSS does not specify what steps police should take if the signing does not occur within this timeframe. However, it is advisable that if the informant fails to appear within three days after receipt of FIR via electronic means and the information pertains to a cognizable offence, the police should investigate the veracity of the reported incident before forwarding the case to the relevant jurisdictional police station. It is important to acknowledge that a crime impacts not only the victim but society as a whole. Offenders should not escape accountability due to the informant's absence. In fact, if the FIR received via electronic means constitutes a heinous offence, the same should be attended promptly without waiting for signature on the FIR of the person who lodged the FIR via electronic means.
    
3. Additionally, a summary of the information must be documented in a ledger (General Diary) maintained by the officer in a format prescribed by the State Government and it is preferable and advisable to maintain a separate Zero FIR register for proper documentation and keeping track over the number of Zero FIR registered at the police station.
    
4. The statements provided by women reporting offences under Sections 64-71, Sections 74-79, or Section 124 of the Bharatiya Nyaya Sanhita (BNS), 2023, shall be documented by a female police officer or another female official.
    
5. Furthermore,
   • if the individual against whom an offence under Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, or 124 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is alleged to have occurred or been attempted is either temporarily or permanently mentally or physically disabled, the information shall be recorded by a police officer at the individual's home or at another convenient location chosen by them, in the presence of an interpreter or special educator, as appropriate;
   • The documentation of this information must be videographed.
   • The police officer is required to ensure that the statement of the individual is recorded by a Judicial Magistrate as soon as possible, in accordance with clause (a) of subsection (6) of section 183.
6. A copy of the information recorded in subsection (1) will be provided immediately, at no charge, to the informant or the victim, as stated in 173(2) of the BNSS.

According to Section 173(3) of the BNSS, "Without affecting the provisions outlined in Section 175 BNSS, upon receiving information regarding the commission of any cognizable offence punishable by a term of imprisonment of three years or more but less than seven years, the officer-in-charge of the police station may, with prior approval from an officer of at least the rank of Deputy Superintendent of Police, take into account the nature and seriousness of the offence to:

1. Initiate a preliminary inquiry to determine whether a prima facie case exists within a period of fourteen days; or
2. Move forward with the investigation if a prima facie case is established.
    

Section 173 (4) BNSS - Any individual who feels wronged by an officer in charge of a police station refusing to record the information mentioned in sub-section (1) may send a written summary of this information through the postal service to the relevant Superintendent of Police. If the Superintendent is convinced that the information reveals the occurrence of a cognizable offence, he shall either conduct the investigation personally or instruct a subordinate police officer to carry out the investigation as outlined in this Sanhita.

This designated officer will possess all the powers of a police station officer concerning the offence in question. If the matter is not addressed, the aggrieved individual may submit an application to the Judicial Magistrate for directing police to start investigation over his FIR.

Conclusion:
A Zero FIR offers a straightforward approach to reporting incidents at a police station, even if the crime took place beyond the station's jurisdiction thereby putting an end to the harassment faced by the general public over refusal of police officers to receive the FIR and help the victims in their medical treatment and examination on the point of jurisdiction of the police station. Further, this process enables police to gather critical evidence without delay. Technological advancements have facilitated online FIR submissions and allow for virtual tracking of FIR statuses.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565