Navigating the legal landscape can be daunting, especially when dealing with procedures like filing a Zero FIR. This blog will demystify the process and provide a comprehensive guide on lodging a Zero FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Step 1: Filing the Complaint
To begin, a complainant can approach any police station, regardless of where the crime occurred. This flexibility is granted under Section 173(1) BNSS, which allows the complainant to lodge a complaint in any jurisdiction.
Step 2: Recording the Zero FIR
Upon receiving information about a cognizable offence committed outside the territorial jurisdiction, the Station House Officer (SHO) or the officer on duty records the details in the Zero FIR register. The case is registered as a Zero FIR or \’O\’ FIR under the relevant sections of law.
Section 173(1) of BNSS states:
- Information about a cognizable offence can be given orally or via electronic communication.
- If given orally, the officer must write it down, read it back to the informant for confirmation, and then get it signed by the informant.
- If given electronically, it must be recorded and signed by the informant within three days, and the details must be entered into a prescribed book.
- For offences under Sections 64-71, 74-79, or 124 of BNS, 2023, information provided by women must be recorded by a female police officer or any female officer.
- If the complainant is mentally or physically disabled, the information must be recorded at their residence or a convenient location in the presence of an interpreter or special educator, and the recording must be videotaped. The statement must also be recorded by a Judicial Magistrate as soon as possible.
Step 3: Preliminary Enquiry
Section 173(3) BNSS permits a preliminary enquiry for cognizable offences punishable by three to seven years. The officer-in-charge may, with prior permission from an officer of at least Deputy Superintendent of Police rank, conduct this enquiry to ascertain if there is a prima facie case within fourteen days or proceed with the investigation if a prima facie case exists.
Step 4: Registration and Copy to Complainant
Once the requirements under Section 173 BNSS are met, the officer registers the Zero FIR, prefixed with \”Zero\” to indicate its nature. A copy of the recorded information is given to the informant or victim free of charge, as per Section 173(2) BNSS. If necessary, preliminary investigations (such as a medical examination of a rape victim) may be conducted by the same police station.
Step 5: Transfer
The Zero FIR is forwarded to the police station that has jurisdiction over the place where the incident occurred.
Step 6: Re-registration
The receiving police station re-registers the Zero FIR as a regular FIR in their records.
Step 7: Investigation
The SHO assigns the FIR to an investigating officer who proceeds with the investigation according to standard procedures under BNSS.
Step 8: Updates to Complainant
Regular updates on the investigation are provided to the complainant, ensuring transparency and keeping them informed of the progress.
Remedies for Non-Registration of Zero FIR by Police Officers
If a police officer refuses to record the information, the aggrieved person has two primary remedies:
- Remedy under Section 173(4) BNSS
If a police officer in charge refuses to record the information, the aggrieved person can send the substance of the information in writing and by post to the Superintendent of Police. If the Superintendent of Police is satisfied that the information discloses the commission of a cognizable offence, they will either investigate the case themselves or direct a subordinate officer to investigate. If the Superintendent of Police fails to act, the aggrieved person may apply to the Magistrate.
- Remedy under Section 199 BNS
Section 199 BNS addresses the disobedience by public servants:
- A public servant who knowingly disobeys any legal direction prohibiting them from requiring a person\’s attendance for investigation purposes.
- A public servant who knowingly disobeys any other legal direction regulating the manner of conducting an investigation, to the prejudice of any person.
- A public servant who fails to record any information given under subsection (1) of Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, related to cognizable offences punishable under Sections 64, 65, 66, 67, 68, 71, 73, 77, 124, 143, or 144.
Such violations shall be punishable with rigorous imprisonment for a term of not less than six months, which may extend to two years, and may also include a fine.
Conclusion
Understanding the procedure for lodging a Zero FIR under BNSS is crucial for ensuring that justice is served promptly and effectively. This guide provides a step-by-step approach to navigate this legal process, ensuring that your rights are protected and that the necessary legal protocols are followed.
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