In a landmark move to modernize India’s criminal justice system, the Home Ministry has issued a new set of Standard Operating Procedures (SOPs) for the implementation of Zero First Information Report (Zero FIR) and electronic First Information Report (e-FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These new protocols aim to enhance the accessibility, efficiency, and responsiveness of law enforcement agencies in handling criminal complaints.
The introduction of Zero FIR and e-FIR marks a significant shift in the procedural handling of criminal complaints in India. These innovations are part of a broader reform under the BNSS, which replaces the Criminal Procedure Code, 1973. The goal is to ensure that justice is swift, accessible, and fair, leveraging technology and removing jurisdictional barriers.
Objectives
1. Streamlining FIR Registration: Making the process accessible to all citizens.
2. Timely Handling of Complaints: Ensuring efficient and prompt action on reported incidents.
3. Transparency and Accountability: Maintaining a clear and accountable system for FIR management.
Zero FIR
What is Zero FIR?
Zero FIR allows any police station, irrespective of the location of the incident, to register a FIR. This means that victims of crimes can report incidents at any police station, without the limitations of jurisdiction, ensuring immediate action.
Steps for Lodging a Zero FIR
1. Approach Any Police Station: A complainant can approach any police station to report a crime.
2. Registration: The Station House Officer (SHO) or duty officer records the complaint in the Zero FIR register, irrespective of jurisdiction.
3. Preliminary Enquiry: For offences punishable by three to seven years of imprisonment, a preliminary enquiry may be conducted within 14 days to ascertain a prima facie case.
4. Transfer: The Zero FIR is then forwarded to the police station with jurisdiction over the incident, where it is re-registered as a regular FIR.
5. Investigation: The assigned investigating officer proceeds with the investigation, following standard procedures.
e-FIR
What is e-FIR?
The e-FIR system enables the online registration of FIRs through a designated portal or electronic communication, making it easier for the public to report crimes without the need for physical presence at a police station.
Steps for Lodging an e-FIR
1. Initiation: The complainant logs into the official police e-FIR portal or sends the complaint via electronic communication.
2. Submission of Details: The complainant fills in required personal and incident details, along with any supporting documents.
3. Verification and Preliminary Enquiry: The e-FIR is forwarded to an investigation officer for initial verification. For certain offences, a preliminary enquiry is conducted within 14 days.
4. Registration: The e-FIR must be signed within three days for it to be officially recorded.
5. Assignment and Investigation: The SHO reviews and assigns the FIR to an investigating officer, who conducts the investigation as per standard procedures.
Remedies for Non-Registration
In cases where a police officer refuses to register a Zero FIR or e-FIR, the aggrieved person has recourse under sections 173(4) and 199 of BNSS. They can escalate the matter to the Superintendent of Police or make an application to a Magistrate.
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Conclusion
The implementation of Zero FIR and e-FIR under the BNSS represents a transformative step towards a more accessible, transparent, and equitable justice system in India. These measures aim to provide immediate relief to crime victims, eliminate jurisdictional constraints, and leverage digital platforms for efficient FIR registration. However, their success will depend on adequate training for law enforcement, public awareness, and robust mechanisms to ensure accountability and prevent misuse. The launch of the NCRB Sankalan mobile app further supports these initiatives by providing comprehensive information on the new criminal laws in an accessible format.
