Zero FIR is a FIR that can be filed in any police station regardless of the place of incidence or jurisdiction. The Supreme court in the case of Lalita Kumari vs. Government of U.P had observed that it is mandatory to register an FIR under Section 154 of Code of Criminal Procedure if the complaint is related to a cognisable offence.
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What is ZERO FIR
Zero FIR is a FIR that can be filed in any police station
regardlessof the place of incidence or jurisdiction.
The same is later transferred to the Police Station having competent jurisdiction after investigation and filing with a magistrate.
What distinguishes Zero FIR from Ordinary FIR is that in the latter, FIR is registered by a serial number in police station but in the former one an FIR is instituted at any Police Station other than the jurisdictional Police Station concerned, that is the place where incident took place, and such an FIR is registered but not numbered.
Such unnumbered FIR simply is then forwarded to the concerned Police Station where it gets numbered and further acted upon.Hence those FIR’s are known to be Zero FIR’s.
For instance an Offence is committed within the jurisdictional limit of ‘A’ police station & FIR is lodge at ‘B’ police station. Then by the procedure, if it is revealed that the offence is committed within the jurisdiction limit of the other police station the FIR will be channelize to that police station as ZERO number FIR.
The Police Station registering the Zero number FIR is required to make some prelude investigation into the case before directing it to the concerned Police Station.
Compulsory registration of FIR u/s 154 Cr.P.C when the information makes out a cognizable offence
Advisory of the Ministry of Home Affairs dated 10-05-2013 regarding the registration of FIR irrespective of territorial jurisdiction and zero FIR.
We had made it clear that as per section 154(1) of the Cr. P.C. a police officer is duty bound to register a case on the basis of such information disclosing a cognizable offence.
We had also made it clear that when it becomes apparent that even if the offence has been committed outside the jurisdiction of the police station, zero FIR would still be registered and the FIR would be then transferred to the appropriate police station as per Section 170 of the Cr. P.C.
The Apex court in the case of Lalita Kumari vs. Government of U.P had observed that it is mandatory to register an FIR under Section 154 of Code of Criminal Procedure if the complaint is related to a cognisable offence.
registration of FIRs and had held that registration of FIR either on the basis of the information furnished by the informant when it makes out a cognizable offence u/s 154(I) of the Cr. P.C. or otherwise u/s 157 (I) of the Cr. P.C. is obligatory.
It is important to note here that any police officer who refuses to file a Zero FIR can be punished under Section 166A of the Indian Penal Code which contemplates rigorous imprisonment for a term not less than 6 months extending till two years.
- “Cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.
- Cognizable offences are those offences which are serious in nature. Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences.
- A non-cognizable offence or a non-cognizable case has been defined in the Criminal Procedure Code as an offence for which the police have no authority to arrest without a warrant. Non-Cognizable offences are those which are less serious in nature. Example- Assault, Cheating, Forgery, Defamation, etc.
- Section 155 of CrPc provides that if a police officer receives information regarding the commission of a non-cognizable offence, he is supposed to enter the substance of the case in the station diary and refer the informant to approach the concerned Magistrate.Under a Non-Cognizable offence/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.
Andhra Pradesh : Director General of Police D. Gautam Sawang has said all police stations in the State have been asked to implement the ‘Zero FIR’ rule which spares people in need of urgent help the hassle of making the rounds of police stations to lodge a complaint. The decision comes in the wake of the case of sexual assault and murder of a veterinarian in Hyderabad whose family was allegedly denied registration of FIR at a police station due to jurisdiction issue.
The High Court of Karnataka on Thursday directed the State government to issue direction to the Director-General and Inspector General of Police (DG&IGP) to inform police officers to ensure immediate registration of First Information Reports (FIRs) on receipt of complaints of cognisable offences irrespective of whether the area falls under the territorial jurisdiction of the police station or not.
- Going from Zero FIRs to e-FIRs – The Hindu
- Implement ‘Zero FIR’rule without fail: DGP – The Hindu
- Zero FIR filed in migrant’s death case – The Hindu
- Missing boy traced within 24 hours after registering Zero FIR – The Hindu
- Implement ‘Zero FIR’ strictly, DIG tells staff – The Hindu
- Register FIR irrespective of territorial jurisdiction of police station, HC directs State – The Hindu
- Zero FIR | Explained with Case Laws – Criminal Law Review
- What is zero FIR and why cops cannot cite jurisdiction and refuse complaints | The News Minute
- Only 1% verbal complaints filed as FIRs between 2016-18; 60% written: NCRB – india news – Hindustan Times
- Average 80 murders, 91 rapes daily in 2018: NCRB data – The Hindu
- Telling Numbers: In India, police don’t care much for rights bodies | Explained News,The Indian Express
- Advisory on Registration of FIR irrespective of territorial jurisdiction and Zero FIR. | Ministry of Home Affairs | GoI