Zero FIR 

NEWS: SC pulls up Manipur Police over Zero FIR: What is it and how does it work?

• Zero FIR is an FIR that can be registered by any police station, irrespective of jurisdiction, when it receives a complaint regarding a cognisable offence.
• No regular FIR number is assigned at this stage.
• After receiving the Zero FIR, the concerned police station registers a fresh FIR and starts the investigation.
• It is meant to help victims of serious crimes, especially women and children, to lodge a complaint quickly and conveniently, without having to go from one police station to another.
• It is also meant to ensure that the evidence and witnesses are not lost or tampered with due to delays in filing the complaint.

Legal Basis of a Zero FIR:

• Zero FIR was introduced after the recommendation of the Justice Verma Committee, which was set up after the 2012 Nirbhaya gangrape case.
• The provision of a Zero FIR is also supported by various judgments of the Supreme Court and High Courts.
  • In Lalita Kumari vs Govt. of UP (2014), the Supreme Court held that registration of an FIR is mandatory when information discloses the commission of a cognizable offence.

 First Information Report (FIR) :

• Written document prepared by the police upon receiving information about a cognizable offence.
• First step towards the investigation process.
• Sets in motion the probe and further actions by the police.

Registration of FIR in Cognizable Offences:

• Section 154(1), CrPC allows police to register an FIR for cognizable offences.

Failure to Register an FIR:

• Section 166A inserted into IPC based on Justice JS Verma committee’s recommendation.
• Provides punishment for public servants failing to record information related to a cognizable offence – 2 year in jail and fine.

Cognizable and Non-Cognizable Offences

• Cognizable Offences:
  • In cognisable offences, an officer can take cognizance of and arrest a suspect without seeking a court’s warrant to do so, if she has “reason to believe” that the person has committed the offence and is satisfied that the arrest is necessary on certain enumerated bases.
  • Within 24 hours of the arrest, the officer must have detention ratified by a judicial magistrate.
  • The FIR is registered only in cognizable crimes.
• Non-Cognizable Offences:
  • In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court.
  • The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

Practice Questions for Prelims

Consider the following statements regarding the Zero FIR :
1. Zero FIR is an FIR that can be registered by any police station, irrespective of jurisdiction, when it receives a complaint regarding a cognisable offence.
2. Zero FIR was introduced after the recommendation of the Justice Verma Committee.
3. Local Magistrate’s prior approval is mandatory before filling the Zero FIR.
4. Zero FIR / FIR is mandatory to be filed in cognisable offences.

Which of the statements given above is/are correct?
a) 1 and 2 only
b) 2 and 3 only
c) 1, 2 and 4 only
d) All of the above

Ans. c)

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