Introduction  

Zero FIR is a significant reform in India’s criminal justice system that allows any police station to register an FIR for a cognizable offence, regardless of jurisdiction. Introduced on the recommendation of the Justice Verma Committee after the 2012 Nirbhaya case, it ensures prompt action without delay due to territorial boundaries. The concept of Zero FIR, aimed at ensuring prompt registration of crimes irrespective of jurisdictional boundaries, is a significant feature of criminal procedure in India.  

Zero FIR under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 

• Section 173 of BNSS governs the registration of First Information Report (FIR), including the concept of Zero FIR. 
• Any person can report a cognizable offence to the police, either orally or in writing or by electronic communication, at any police station, irrespective of the place where the offence was committed. 
• The section further provides that when information is given orally, it shall be reduced to writing by the officer or under his direction and be read over to the informant, with every such information being signed by the person giving it.  
• For electronic communication, the information shall be taken on record upon being signed within three days by the person giving it, and the substance thereof shall be entered in a prescribed book. 
• The Zero FIR is recorded with a serial number "0" and subsequently transferred to the police station with jurisdiction for investigation. 
• As per Section 173(2) of BNSS, a copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.  
  • This ensures transparency and provides the complainant with documentary evidence of their complaint registration. 
• Section 173(3) of BNSS provides that upon receipt of information relating to cognizable offences punishable for three years or more but less than seven years, the officer-in-charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police, either proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case within fourteen days, or proceed with investigation when there exists a prima facie case. 
• If a police officer refuses to register a Zero FIR, the complainant can approach the Superintendent of Police or other higher authorities under Section 175 BNSS. 
• The officer refusing to register may face disciplinary action for dereliction of duty. 

Punishment for Non-Compliance 

• Police officers failing to register a Zero FIR for cognizable offences may face penalties under Section 199 (c) BNS (Public servant disobeying direction under law). 
• It provides that Whoever, being a public servant, fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. 

Special Provisions for Vulnerable Victims 

• The BNSS includes specific protections for vulnerable victims under Section 173.  
• When information is given by women against whom offences under sections 64-71, 74-79, or 124 of the Bharatiya Nyaya Sanhita, 2023 are alleged to have been committed, such information shall be recorded by a woman police officer or any woman officer. 
• For victims who are temporarily or permanently mentally or physically disabled, the law mandates that information shall be recorded by a police officer at the residence of the person seeking to report the offence or at a convenient place of their choice, in the presence of an interpreter or special educator as required.  
• Additionally, the recording of such information shall be videographed, and the police officer shall get the statement recorded by a Judicial Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. 

Comparison Between CrPC, 1973 and BNSS, 2023 

The concept of Zero FIR was introduced under the CrPC through judicial pronouncements and guidelines (Lalita Kumari v. Govt. of UP, 2014). BNSS codifies and strengthens these provisions.  

A comparative analysis is as follows: 

Landmark Judgments

• Lalita Kumari v. Govt. of UP (2014): Supreme Court mandated compulsory registration of FIR for cognizable offences, laying the foundation for Zero FIR. 
• State of Andhra Pradesh v. Punati Ramulu (1993): Emphasized that police cannot refuse to register FIR on jurisdictional grounds. 
• Satvinder Kaur v. State (1999): Reinforced the concept of Zero FIR, allowing FIR registration at any police station. 

Conclusion

The Zero FIR provision under BNSS 2023 marks a major shift towards victim-centric justice by allowing FIR registration at any police station, regardless of jurisdiction—crucial for urgent cases like sexual offences. It ensures swift action, timely evidence preservation, and accountability through strict compliance mechanisms. Successful implementation hinges on police training, public awareness, and technological support like e-FIRs.