Process of filing Zero FIR & e- FIR as per BNSS

Introduction

In recent years, the Indian legal framework has made significant strides in improving the accessibility and efficiency of complaint registration through the introduction of Zero FIR and e-FIR.

Zero FIR

is a groundbreaking provision that empowers individuals to file a First Information Report (FIR) at any police station, irrespective of the jurisdiction where the crime occurred. This initiative, recommended by the Justice Verma Committee following the infamous Nirbhaya gang rape case in 2012, aims to eliminate delays in complaint registration. By allowing victims to report crimes promptly without jurisdictional hindrances, Zero FIR ensures that justice is not delayed. Once filed, the Zero FIR is transferred to the appropriate police station for further investigation.

e-FIR

on the other hand, refers to the electronic filing of FIRs, facilitating the online registration of complaints through designated portals. This digital innovation streamlines the process, making it more convenient and accessible, especially for those unable to visit a police station in person. Both Zero FIR and e-FIR are pivotal advancements towards modernizing India’s criminal justice system, fostering timely responses to criminal activities and enhancing the overall efficiency of law enforcement.

Process of filing Zero FIR

The Bharatiya Nagarik Suraksha Sanhita (BNSS)-2023 has taken the place of the old Criminal Procedure Code (CrPC) of 1973. Now, the rules for registering a cognizable offence (a serious crime) are found in section 173 of BNSS, instead of section 154 of the CrPC. The Standard Operating Procedure (SOP) provides clear steps for submitting and processing Zero FIRs, making it easier for people to understand and follow the process.>/p>

Step 1: A person can go to any police station to file a complaint, no matter where the crime happened.

Step 2: The police officer on duty will write down the details of the complaint in the Zero FIR register, even if the crime did not happen in their area. This is called a Zero FIR.

Step 3: The officer will then officially register the Zero FIR. It will be given a number that starts with “Zero” to show it is a Zero FIR. A copy of this FIR will be given to the person who made the complaint for free. If needed, the police station can start an initial investigation, like a medical examination in the case of a rape victim.

Step 4: The Zero FIR will be sent to the police station that has authority over the area where the crime happened.

Step 5: The police station that receives the Zero FIR will register it again as a regular FIR in their records.

Step 6: The head of the police station will assign the FIR to an investigating officer.

Step 7: The investigating officer will investigate the crime following the standard procedures.

Step 8: The complainant will receive regular updates on the investigation.

Example

Imagine a woman was assaulted while traveling in a different state. She can report the crime at the nearest police station when she returns to her home city.

Step 1: She goes to the local police station in her home city to file a complaint about the assault.

Step 2: The police officer at her home city’s station records the details of the assault in the Zero FIR register, even though the assault happened in a different state.

Step 3: The officer then registers the complaint as a Zero FIR and gives her a copy of it for free. If needed, the officer can conduct a preliminary investigation, such as arranging for her medical examination to collect evidence.

Step 4: The Zero FIR is then sent to the police station in the state where the assault occurred.

Step 5: The police station in the other state receives the Zero FIR and re-registers it as a regular FIR in their records.

Step 6: The head of that police station assigns the FIR to an investigating officer in their jurisdiction.

Step 7: The investigating officer follows standard procedures to investigate the assault.

Step 8: The investigating officer provides regular updates on the case to the woman who filed the complaint.

Process of filing e-FIR

The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 has taken the place of the old Code of Criminal Procedure (CrPC) from 1973. One of the key changes is the introduction of Zero-FIR and e-FIR. Now, registering a cognizable offence is covered under section 173 of BNSS, instead of section 154 of CrPC. Here are the steps you can follow to submit and process an e-FIR.

Step 1: The complainant logs into the official police e-FIR portal, police website, or sends the complaint to the police station through email or any other electronic means.

Step 2: The complainant fills in the required details, including personal information, details of the incident, and any supporting documents or evidence. The police download this electronic message and store it in their computer system. The details are entered into the e-complaint/e-FIR register as per the department’s guidelines.

Step 3: The submitted e-FIR is forwarded to the investigation officer for initial verification.

Step 4: If the information is sent electronically, it must be signed by the complainant within three days to officially register the FIR.

Step 5: A copy of the FIR is given to the complainant free of cost as per BNSS 173(2).

Step 6: The SHO of the concerned police station reviews the FIR and assigns it to an investigating officer.

Step 7: The investigating officer conducts the investigation according to the standard procedure.

Example:

Imagine someone becomes aware of a serious crime, like a kidnapping, and wants to report it. They can go to the official police e-FIR portal, fill out the required details about the incident, and upload any evidence they have, such as photographs or videos.Once they submit this information online, the police will receive and review it. If needed, the complainant must sign a form within three days to make the FIR official. After registering the FIR, the police will provide a copy to the complainant and assign an investigating officer to start the investigation process.

Remedy for Citizens if e-FIR or Zero FIR is Not Registered

If the police refuse to register your e-FIR or Zero FIR, here’s what you can do:

Complaint to the Superintendent of Police:

If a police officer refuses to record your complaint, you can send a written complaint to the Superintendent of Police by mail. The Superintendent will review your complaint. If they find it valid, they will either investigate the case themselves or direct another police officer to do so. If the issue is still not resolved, you can approach a Magistrate.

Action Against Disobedient Public Servants:

If a public servant, like a police officer, ignores legal instructions or fails to record your complaint, they can face serious consequences. They might be punished with imprisonment for six months to two years and a fine.

Conclusion

The introduction of Zero FIR and e-FIR in India’s new criminal laws marks a major improvement in the country’s justice system. Zero FIR allows victims to file a First Information Report (FIR) at any police station, regardless of where the crime happened. This ensures that people can get help quickly, especially in urgent or dangerous situations, and helps in collecting evidence without delays.Similarly, e-FIR lets people file FIRs online, making it easier and more convenient to report crimes without needing to visit a police station. This reduces waiting times and paperwork, streamlining the process.These changes make the legal system more efficient and accessible, showing a commitment to justice that meets global standards. For these reforms to work well, police need proper training, the public should be aware of the changes, and strong measures must be in place to prevent misuse.To help with this, the National Crime Records Bureau (NCRB) has launched a mobile app called “NCRB Sankalan of Criminal Laws.” This app provides easy access to the new laws and helps users understand them better. Zero FIR and e-FIR represent a big step forward in making India’s justice system more open, fair, and effective.