Explainer: Is there anything like a ‘Zero FIR?
Sai Krishna Muthyanolla
December 3, 2019
Ever
since it was reported that the police refused to register a FIR citing
jurisdictional issues, in the case of the veterinary doctor who was raped &
killed in Hyderabad, a message about the ‘Zero FIR’ provision has gone viral on
social media. But what exactly is ‘Zero FIR’?
Numerous incidentsof rape were reported across the country in the previous week alone. NCRB’s 2017
Crime in India report revealed that around 32,559cases of rape were registered in India in 2017. In other words, four rape caseswere reported every hour.
On 27 November2019, a veterinary doctor was gang raped and murdered in Hyderabad. Thisgruesome incident shook the entire nation. The four alleged perpetrators werearrested the next day. At the same time, three policemen were also suspended asthey did not register the FIR of missing person when the victim’s family hadbrought it to the notice of the nearest police station. Media reports suggest that the police did not register the FIR claiming it was outside theirjurisdiction. It is in this context that a viral message about ‘Zero FIR’ isfloating across social media. But what is ‘Zero FIR’?
What is FIR?
FIR is theabbreviation for First Information Report which is prepared by the police basedon a complaint or available information in the case of cognizable offences. Theinformation or the complaint is provided by an informant as per Section 154 ofthe Code
of Criminal Procedure. The informant can beanyone, the victim, relatives, witness or a bystander. This helps the police takeimmediate steps to register & investigate the crime. Here is an explainer
video on understanding FIR.
What is Zero FIR?
Following the gruesomeNirbhaya incident in Delhi in December 2012, the then government set up Justice
Verma Committee to recommend amendmentsto the Criminal Law. Based on the committee’s
report, the Home Ministry, on 10
May 2013, issued an advisory
to all states and union territoriesasking the police to register Zero FIR if an informant comes with the detailsof a cognizable crime irrespective of the jurisdiction. This is to helpinitiate investigation at the earliest. Otherwise, a lot of time is lost ingoing from one police station to another, with adverse effect on victim andalso gives an opportunity to the offender to escape. Cognizable crimes/offencesare those which do not require an order from magistrate, and which requires thepolice to take immediate action on receipt of complaint or information.
Zero FIR is a FIRlodged in any police station irrespective of the location of incidence orjurisdiction. The FIR is later transferred to the jurisdictional police station.In 2007,  in a writ Petition, Bimla
Rawal and Ors Vs NCT of Delhi,the Delhi High Court directed the police to transfer the case immediately tothe police station in-charge of the jurisdiction where the incident took place.The Delhi police had not filed ‘Zero FIR’ in spite of evidence at the time ofreporting the incident that took place in Mumbai.
Refusal to fileZero FIR will result in the prosecution of the police officers. Advisories werealso issued to states in 2014 and 2015.
How to file a Zero FIR?
The procedure tofile a ‘Zero FIR’ is similar to that of an ordinary FIR. The variation is inthe serial number. The case will be entered with the serial number ‘0’ untilthe FIR is transferred to the respective police station. The procedure to lodgea FIR is given in Section 154 of the CrPC. In the case of cognizable crimes,the officer in charge of the police station need not get the permission of theMagistrate to start investigation. The following are some of the other thingsto be kept in mind.
However, lodging afalse complaint is a punishable offence under the Indian Penal Code.
What will happen if the police refuse to lodge the
FIR?
If the policeofficer in charge of the station refuses to file the FIR, the informant has theright to write to the Superintendent of Police directly following which the SPeither starts investigation or direct some other official to take the necessaryaction.
Disciplinaryaction will be taken against the officer who refused to lodge the FIR. Erringofficers are liable to serve up to two years’ imprisonment in addition to apenalty. In the Writ Petition in 2008, Lalita
Kumar Vs. state of Uttar Pradesh and others,the Supreme Court had addressed the issue of mandatory registration of FIRs bythe police.
Zero FIR was filed in the Asaram Bapu case
The infamousAsaram Bapu case in which the self-proclaimed godman was arrested in 2013 forraping a minor girl in Jodhpur, Rajasthan is an instance where the Zero FIR wasused. The parents of the victim filed Zero FIR against the perpetrator inDelhi, according
to reports.