Zero FIR

Adv. Sandigdha, Paydirt Professionals 

This is the type of FIR that can be filed in any Police station. It is irrespective of any kind of jurisdictional area but the main investigation will take place on the jurisdictional police station. The case is registered with the serial number zero then the case is transferred to the respective police station.

It is beneficial for the serious and heinous crime.

The provision of Zero FIR came up as a recommendation in Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013 after the heinous Nirbhaya case of December, 2012. The provision says:

An FIR can be filed at any police station irrespective of place of crime and area of jurisdiction. This provision is for everyone. When in trouble men and women will be benefited equally. In Zero FIR, any police station can register FIR irrespective of the jurisdictional area but the investigation will be taken up by the police in the place of occurrence reported in the FIR. The police station registers the zero FIR marking it serial number ‘0’ and transfers it to the respective jurisdictional area which can carry out the investigation. The sanctity of the legal process remains the same in zero FIR. It is very helpful for people as it facilitates them and takes away the inconvenience of searching for the right police station for lodging the FIR. A Zero FIR can be filed in any police station by the victim, irrespective of their residence or the place of crime. Even if you are away from the place of incident or are unaware of the right jurisdiction, you can successfully file an FIR in any police station. This type of FIR is termed as a Zero FIR.

Now what is more shocking is that the police officers deny to acknowledge a Zero FIR and also try to convince the victim and his/her family to approach the concerned police station for registering the FIR rather than trying to help them. Many of us do not know that according to Section 166A of the Indian Penal Code, a Police officer refusing to register FIRs related to certain offences against women (such as rape, molestation, etc.) can be punished with imprisonment for a term which may extend to one year or with a fine or with both. A Constitution Bench of the Supreme Court in Lalita Kumari VS Govt. of UP and Others has issued the following guidelines:

1. The registration of FIR is mandatory under section 154 of CrPC if the information discloses the commission of a cognizable offence.
2. The police officer cannot avoid his duty of registering offence if the cognizable offence is disclosed. 
3. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.) Act, 2013.

How to File a Zero FIR?

Like all regular FIRs, a Zero FIR can be filed in accordance with the below-mentioned checklist.

1. The statement will be recorded by the police officer in writing.
2. All details, without any speculation or assumption, should be provided to the police during the statement.
3. Make the statement official by signing the register.
4. Get a copy of your complaint and ask for the identification number or Roll if not provided.

When to use a Zero FIR?

The main idea of a Zero FIR is to initiate the investigation or urge the police to take their initial action. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation. Crimes like murder, rape, and accidents require immediate action from the concerned police authorities so that they take appropriate samples, eyewitnesses and other circumstantial details. Zero FIR allows the authorities to pen down the initial action taken rather than trying to figure out what had happened at the crime scene initially.