ZERO FIR: Concept and Laws
ZERO FIR: Concept and Laws
Meaning and Concept
There have been situations when a victim went to a police station to lodge an FIR but the same is denied saying that the offence was not committed within the local area of that police station and hence, the victim, stuck in the gravest of situations, is forced to find the appropriate police station. To cure this lacuna in the legal system, the concept of zero FIR has been introduced in the legal system of India.
The primary and most vital aspect to be noted about zero FIR is that unlike regular FIR, zero FIR can be lodged in any police station irrespective to where the crime had been committed. Simply put, if X goes missing in New Delhi, his parents can register a Zero FIR in Mumbai or any other place. After it is lodged, the same is transferred to the police station which has the jurisdiction to file the FIR originally and it gets converted into a regular FIR. Unlike regular FIR, zero FIR does not have a serial number, rather it is assigned number 0 (Zero), hence it is named so. The validity of a zero FIR is at par with that of a FIR. The complainant has doors of the court open to ensure the investigation of his case immediately.
Origin
The origin of Zero FIR is not far dated. It was introduced as an aftermath of the Nirbhaya’s case wherein Justice Verma committee was constituted which recommended amendments in the criminal law of the country. Among others, one such recommendation was that of Zero FIR. Also, the Ministry of Home Affairs in their Advisory for compulsory registration of FIR has emphasized that a police officer is duty bound to register a case of cognizable offence irrespective of the territorial jurisdiction; any dereliction of the same would result in disciplinary action taken against him/her.
Police and Courts on Zero FIR
In the Asaram Bapu case 2013, the accused was arrested only because the victim’s father was vigilant and filed a zero FIR in Delhi. The case was then transferred to Jodhpur, Rajasthan (the place of occurrence of the crime) where the Rajasthan police immediately started the arrest procedure and investigation.
In 2020, the Apex Court in Union of India vs. Ashok Kumar Sharma and Others observed that whenever information is received by a police officer within the meaning of section 154 Crpc, the police officer is duty bound to register a FIR (if the crime has been committed within the jurisdiction of that police station) or Zero FIR (if the crime has been committed outside the jurisdiction of that police station).
· Saint Shri Asharam Bapu v. State of Rajasthan, 2013 SCC OnLine Raj 2805
· J. J. S. Verma Committee, Report of the Committee on Amendments to criminal law (January 23, 2013)
· Advisory for Compulsory registration of FIR, Ministry of Home Affairs, No. 15011/91/2013-SC/ST-W (October 12, 2015).
· Union of India v. Ashok Kumar Sharma, 2020 SCC OnLine SC 683.