ZERO FIR

THE CONCEPT

The provision of F.I.R is mentioned in the Sec 154 of the Code of Criminal Procedure. It is the
first information in point of time regarding the commission of a cognizable offense that is given
to the police and is recorded as the provisions of S.154.

Initially, F.I.R can be registered in the police station that has jurisdiction over the place where
the offence has allegedly been committed. The jurisdiction of courts and alternative venues of
the trial that have already been discussed are also relevant here because the jurisdiction of police
stations is determined accordingly. Various police stations may fall within the territorial
jurisdiction of a particular Magistrate’s Court. The officer-in-charge of a police station can
investigate a cognizable case if the Court within whose local jurisdiction that police station lies
has the jurisdiction to try that case.

The concept of zero F.I.R is that the F.I.R can be filed at any police station regardless of the
place of incidence and jurisdiction. If the person filing the F.I.R is not sure of the jurisdiction of
the police station and by some reason cannot file the F.I.R at the concerned station, he can file it
at the nearest police station.

However, policemen by and large deny knowing about provisions of “Zero F.I.R” and direct the
complainant to Police Station having jurisdiction but Clause (e) of Section 460 of the CrPC says
that if any Magistrate not empowered by laws to call for cognizance of an offence positioned in
section 190 (a) or (b) erroneously but in good faith does take cognizance, the proceeding minutes
will not be set aside merely on the grounds of not being empowered for same. If at the time of
initiation of F.I.R, it looks evident that the crime was committed outside the jurisdiction of the
concerned police station, then the police must be appropriately ordered to register a Zero F.I.R,
and ensure that the F.I.R is transferred to the jurisdictional police station. If there is a failure in
compiling with the instruction of F.I.R registration on acknowledgement of information about
the offence, it will invite prosecution of the police officer under section 166A which provides a
rigorous imprisonment of six months be extended to two years. This evasion of responsibility
may invite the departmental action for the police officer.
In the case of Satvinder Kaur vs. State (Government of NCT Delhi) 1, The complainant had
appealed in the Supreme Court against the order of the High Court, where the High Court had
quashed the FIR filed at Delhi Police Station by the complainant. The Supreme Court held that,
Police can investigate the case, which does not fall under their jurisdiction.

In the case of Bimla Rawal and Ors. vs State (NCT of Delhi) and Anr 2, FIR was lodged in
Delhi, despite the fact that all incidents occurred in Mumbai. Writ Petition was filed in Supreme
Court regarding the mala fide intentions of police succumbing under the pressure of opposite
party. Supreme Court quashed the FIR filed at Delhi and ordered to file a fresh FIR in Mumbai.
In this case the police misused the power of filing a Zero FIR at the behest of the opposite party.

THE NEED OF ZERO F.I.R

Incidents like accident, murder, and rape require immediate action from the concerned
authorities and rush to take samples, getting information from eye witnesses and getting
circumstantial details. A zero F.I.R. helps to take immediate actions regardless of the territory
where the crime or offence has taken place.

CONCLUSION

The Zero F.I.R. looks like a great concept in seeking a way to ameliorate criminal justice in a
preliminary stage and deciding on the gulp of truth. But s requires the third eye to monitor the
procedure. For such purpose, a better option is if a committee simultaneously supervising the
process that will include at least an ordinary citizen and scrutinizing the whole FIR instituting
process is instituted. It is believed if you have to control a system you have to be inside the
system because if you are outside, the concept of privity comes into the scene.

1
1999 Supp(3) SCR 348.
2
2003(1) AWC 344 SC.