KEYWORDS
- Jurisdiction
- Obligation of the investigation officer
- Easy representations for the victims
- Quick process
- Cognizable offence
ABSTRACT
FIR is a basic need that must be lodged in order to start the legislation in action. There are situations when registering an FIR is delayed, and investigations may take time. To deal with such a circumstance, the idea of zero FIR has been developed, which allows the person who has been wronged to submit an FIR regardless of the province with which it is supposed to be filed and later transfer it to the region in which it should be lodged. In this essay, I’d like to discuss the fundamental notion of an FIR, followed by an explanation of why a Zero FIR is and its essential prerequisites.
INTRODUCTION
The written document acquired by the authorities when they get information concerning enacting an offense with cognizable consequences is known as an FIR. It is a report that is originally received by the police. Normally, an FIR is submitted by the victim of the harm or by a different individual on his behalf. An FIR can be filed with the authorities orally, in writing, or even over the phone, as long as it is not vague and defines the elements of the crime in a professional way that the police can understand, and the vocabulary used in the FIR is not vague.
The victim’s parents filed an FIR in a current gangrape case in Hyderabad, but the police delayed too long to gain jurisdiction, requiring the parents to go from one police station to another. Assume you go to the police station to file an FIR and the authorities deny it, stating that the offense committed is not within their geographical region and demonstrating that you go to a different police station in whose local area the offense was committed, causing the FIR to be delayed and the loss of suspicions and facts.
ZERO FIR
The police must register an FIR; however, police may refuse to submit an FIR if the act was not committed within the authority of a specific police station. A zero FIR idea is in play, in which the police file an FIR regardless of the jurisdiction in which the act is committed. In contrast to a typical FIR, there exists no reference to the FIR Number in Zero FIR. Action is not delayed in Zero FIR. In the Priyanka Reddy gangrape and murder case, the authorities refused to register an FIR because each police station claimed that the crime was not conducted within their jurisdiction, forcing Priyanka Reddy’s parents to rush from one police station to the next.
The definition of the term ‘FIR’ has not been defined in the Criminal Procedure. Zero Fir is a way of lodging an FIR in any municipal police headquarters, regardless of whether the incident was committed nearby or otherwise. There is no source constraint for terminating zero FIR. In Zero FIR, the constable will surely take the protest halted by the Informer and proceed to another police headquarters in the vicinity of where the infraction occurred.
After the Nirbhaya Rape Case, Justice Verma’s Committee proposed incorporating the idea of zero FIR into the Criminal Law Amendment. The word ‘FIR’ refers to the first information report submitted to the police from the individual solicited to file the facts. The meaning of the term ‘FIR’ is not specified in the Criminal Procedure. Zero Fir denotes the procedure of filing an FIR in any local police station, regardless of whether the offense was committed in one region or another. There are no restrictions for informing and lodging Zero FIR. In a Zero FIR, the officer in charge is obligated to take the complaints submitted by the Informant and, as a result, transfer the case to the different police station in the location where the incident happened.
OBJECTIVES OF ZERO FOR
As we all know, filing a Zero FIR is an improved and more efficient method to avoid the hassles and inconveniences of filing an FIR with the police.
The following is the reason for filing a zero FIR:
- To avoid delays and other types of interruptions.
- To compel police to accept jurisdiction.
- Immediate jurisdiction to be exercised upon the filing of the FIR.
- To ensure that the inquiry is completed correctly.
- To allow the matter to move quickly.
PROCEDURE FOR FILING AN FIR AND ZERO FIR
The legislation has provided certain regulations for registering an FIR
The following are the actions used to register the FIR:
- The offense’s essence must be discernible.
- The facts can be presented in writing, but if the informant provides it verbally, it must be converted to written form and read to the informant. As a result, it is endorsed by the person who provided the information and recorded in the journal as a State Government directive.
- The informant is provided with a complimentary copy of the FIR.
- If a violation of Section 326A, Section 326B, Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, Section 376A, Section 376A, Section 376AB, Section 376E, or Section 509 of the Indian Penal Code (45 of 1860) has been violated or made an attempt the women police officer or women officer will register such information.
- It is also provided that information about sections 326A, 326B, 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376A, section 376AB, section 376E, or section 509 of the Indian Penal Code (45 of 1860) obtained from such person who is temporarily or physically disabled shall be recorded in the appropriate place of the person in the presence of the interpreter or special educator.
- The full data set has been video graphed.
- The magistrate records that person’s statement under clause (a) of subsection (5A) of section 164.
The Procedure for Registering An FIR
FIRs may also be filed based on hearsay, provided that the individual submitting the FIR specifies the source from which he obtained the information to minimize the unwanted spread of rumors. The process for filing an FIR is as follows:
- Signature- After the police officer has completed filing the FIR, it must be acknowledged by both the officer lodging the FIR including the individual reporting the problem.
- Copy of FIR- The individual submitting the FIR has the right, as a citizen, to request a copy of the FIR, which the police cannot reject.
- Written Form – Even if the information regarding a cognizable offense is supplied to the police in oral form by the individual filing the FIR, the police must write it down.
- Read over – To eliminate typing and factual errors, the police officer drafting the FIR must read it to the individual submitting the FIR.
- Verification- The individual filing the FIR must confirm the information he has given to the police.
Procedure For Registering a Zero FIR
The premise of a Zero FIR is quite similar to that of a regular FIR, and it can be submitted by the person who suffered family, friends or a police officer who becomes aware of the occurrence of a cognizable act. Normally, FIRs are submitted at the police station, but thanks to technological advancements, FIRs can now be filed via mail or by accessing the official portal of the state police at the location where the punishable act was committed. Unlike FIR, the notion of zero FIR assures that an FIR is filed without any issues. A zero FIR guarantees that the police may undertake an inquiry as soon as possible. Zero FIR guarantees that the police undertake their inquiry as quickly as possible. When recording the Zero FIR, the officer in charge records the individual’s testimony as well as any pertinent material for the FIR, and a printed version of the FIR is sent to the person at no cost. If the police officer refuses to register a Zero FIR, the offended party may make a written complaint with the Superintendent of Police, and if no action is taken, the complainant may file a complaint with the magistrate through an attorney.
Registration of Zero FIR
The zero FIR guarantees that officers file an FIR and eliminate any extra complications when filing a complaint. The benefit of a zero FIR is the fact it eliminates any uncertainty in time consumption and allows the police to complete the inquiry quickly. The method of registering a FIR is quite similar to that of registering a zero FIR. While filing the zero FIR, the investigating officer notes the individual’s statement, as well as all essential information, and another copy of it, is provided to the person at no cost.
WHEN CAN A PERSON FILE AN FIR OR ZERO FIR
Before filing an FIR, it is critical to determine if the offense is cognizable or not. Sexual assault, Burglary, murder, Theft, and other major offenses are cognizable. In the case of non-cognizable offenses, the information is transmitted to the judiciary through a complaint. Forgery, slander, and Public Nuisances are some instances of non-cognizable offenses.
If the offense is cognizable, a FIR is filed, however, if the crime is not cognizable, the case is referred to the magistrate. Even if the offense is not recognizable, the police will take and store the information in the ‘General Diary’ book.
THE RECENT JUDGEMENTS RELATING ZERO FIR
Kirti Vashisht v. State & Ors 2019[i]: –
In this case, even though the event occurred outside the region under the jurisdiction of the nearest police station, the authorities are nevertheless required to take the knowledge as well as register it as a zero FIR before transferring it to the appropriate police station.
State v. Harnam Singh 2010[ii]: –
Harnam Singh and three other guys kidnap a girl in her school uniform. After acquiring the evidence, both were escorted to the police station on Parliament Street, where a zero FIR was recorded, and an ulterior medical examination was performed before being transferred to the Tilak Nagar Police Station, where the investigating officer was handed a copy of the FIR.
State v. Sathish Kumar 2007[iii]
An army soldier in uniform was taken unconscious to the investigating officer. After recovering consciousness, he indicated in his declaration that he got unconscious after drinking mango juice from a 25-year-old male at the Railway Station and that his luggage was stolen. As a result, a zero FIR was made at Itarsi Station, and the information was sent to the RPF Delhi, who then asked that the matter be transferred to New Delhi.
CONCLUSION
The simplest approach to have the complaint recorded at the Police Station is to file a zero FIR. Even though the offense happened beyond the purview of the police station, the police must nevertheless record the FIR as a zero FIR. Because technology is evolving so quickly, several states have authorized online FIR, and the FIR status may also be checked electronically.
Previously, the police normally refused to file an FIR, but the Supreme Court’s decision in Lalita Kumari vs. the State of Uttar Pradesh[1] declared that any information that amounts to a cognizable violation must be reported as an FIR by the police, and no further investigation is required.
“Justice Delayed is Justice Denied,” which indicates that if a person does not seek legal counsel in a timely manner, there is no hope of justice, resulting in a loss of the core of the case. A 19-year-old Dalit woman suffered a gang assault and was cruelly tortured in the countryside in the Hathras rape case[2]. Following the event, the victim’s brother went to a police station to file a complaint, but the police delayed filing an FIR against the accused, who belonged to a higher caste. The victim phoned her relatives after regaining consciousness, and her account was recorded. She was evaluated medically, but the physicians concluded that no sexual assault occurred and that none of these traces were discovered.
As a result, an FIR may be lodged by the individual who was injured or any other individual with knowledge of the information and events surrounding the occurrence.
To avoid the loss of information and proof, an FIR should be filed shortly after the offense is committed.
REFERENCE
[1] Writ petition (criminal) no. 68 of 2008
[2] Writ petition (criminal) no. 296 of 2020
[i] Kirti Vashisht v. State & Ors : https://indiankanoon.org/doc/149764021/
[ii] State v. Harnam Singh: https://indiankanoon.org/doc/192613948/
[iii] State v. Sathish Kumar: https://indiankanoon.org/doc/165406441/
This article is written by Amritha U a 3rd year LLB student of Lloyd Law College, Delhi NCR.
