STUDY MATERIAL

(Technical Grooming /LLB_6th Semester)

Module I: Introduction

Table of Contents:

1) ZERO FIR

ZERO FIR AND e-FIR

1.

1.1. Introduction

The three new Criminal Laws have been notified by the Government of India on 25 th
December,2023 and are proposed to be enforced from 1st July,2024. Indian Penal
Code,1861(IPC) has been replaced by The Bharatiya Nyaya Sanhita-2023(BNS), Criminal
Procedure Code,1973(CrPC) has been replaced by The Bharatiya Nagarik Suraksha Sanhita-
2023(BNSS) and The Indian Evidence Act,1872 (IE Act) has been replaced by The
Bharatiya Sakshya Adhiniyam-2023(BSA). It has been observed that there is a need of a set
of Standard Operative Procedures (SOPs) regarding Zero FIR and e-FIR, under the
provisions of BNSS-2023, to facilitate the Investigation Officers/Investigation Agencies to
conduct the investigation as per due procedure provided by BNSS.

1.2 Scope

This SOP applies to all police officials involved in the registration and management of FIRs,
including Station House Officers (SHOs), investigating officers, and administrative staff.

1.3 Objectives

1. To streamline the process of FIR registration and make it accessible to all citizens.

2. To ensure timely and efficient handling of complaints.

3. To maintain a transparent and accountable system for FIR management.

A. ZERO FIR REGISTRATION

The Bharatiya Nagarik Suraksha Sanhita (BNSS)-2023 has replaced Criminal Procedure
Code,1973 and the provisions of registration of a cognizable offence is now provided under
section 173 of BNSS instead of section 154 of CrPC. The SOP outlines the following
procedural steps which may be followed for submission and processing of Zero FIRs.

1. Lodging a Zero FIR under BNSS

Step 1: A complainant approaches any police station irrespective of territorial jurisdiction

(173(1) BNSS) to complain.

Step 2: On the receipt of any information regarding the commission of cognizable offence
which has been committed outside of the territorial jurisdiction of that police station, the
SHO or the officer on duty records the details of the complaint in the Zero FIR register,
irrespective of the jurisdiction shall register the case as Zero FIR or ‘O’ FIR under relevant
sections of law.

As per provisions of 173(1) of BNSS

“1. Every information relating to the commission of a cognizable offence, irrespective of

the area where the offence is committed may be given orally or by electronic
communication and if given to an officer in charge of a police station—
 (i) orally, it shall be reduced to writing by him or under his direction, and be read
over to the informant; and every such information, whether given in writing or reduced to
writing as aforesaid, shall be signed by the person giving it;

(ii) by electronic communication, it shall be taken on record by him on being

signed within three days by the person giving it, and the substance thereof shall be entered in
a book to be kept by such officer in such form as the State Government may prescribe in this
behalf:

The information given by women against whom an offence under section 64-71, section 74-
79 or section 124 of the BNS,2023 is alleged to have been committed or attempted, the same
shall be recorded by a woman police officer or any women officer.

Provided further that—

In the event that the person against whom an offence under section 64, section 65, section
66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section
76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is
alleged to have been committed or attempted, is temporarily or permanently mentally or
physically disabled, then such information shall be recorded by a police officer, at the
residence of the person seeking to report such offence or at a convenient place of such
person's choice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be video graphed;

(c) the police officer shall get the statement of the person recorded by a
Judicial Magistrate under clause (a) of sub-section (6) of section 183 as soon as
possible.”

2. Preliminary enquiry
As per 173 (3) of BNSS, “Without prejudice to the provisions contained in section 175, on
receipt of information relating to the commission of any cognizable offence, which is made
punishable for three years or more but less than seven years, the officer-in-charge of the
police station may with the prior permission from an officer not below the rank of Deputy
Superintendent of Police, considering the nature and gravity of the offence—

(i) Proceed to conduct preliminary enquiry to ascertain whether there exists

a prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.

3.Registration and copy to the complainant

Step 3: After fulfilling the requirements under section 173 BNSS, the officer registers the
Zero FIR. The FIR number is prefixed with "Zero" to indicate it is a Zero FIR. A copy of the
information as recorded under subsection (1) shall be given forthwith, free of cost, to the
informant or the victim (173(2) BNSS)

After the registration of Zero FIR, if necessary, primary investigation may be done
by the Investigation officer of same police station (e.g. Medical Examination of a Rape
victim)

4.Transfer

Step 4: The officer forwards the Zero FIR to the police station having jurisdiction over the
place of the incident.
Step 5: The concerned police station receives the Zero FIR and reregisters it as a regular FIR
in their records.

Step 6: The SHO assigns the FIR to an investigating officer for further action.

5.Investigation

Step 7: The investigating officer proceeds with the investigation as per standard procedures
under BNSS

Step 8: Regular updates on the investigation are provided to the complainant.

B. e-FIR REGISTRATION

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has replaced the Code of Criminal
Procedure, 1973, has, among other changes, introduced the provisions of Zero-FIR, e-FIR.
The provisions of registration of a cognizable offence have now been provided under section
173 of BNSS instead of 154 of CrPC. The SOP outlines the following procedural steps
which may be followed for submission and processing of e-FIRs.

1. Initiation
Step 1: The complainant logs into the official police e-FIR portal or police website or may
send the complaint/information to the concerned police station through any electronic
communication.

As per section 173(1) of The Bharatiya Nagarik Suraksha Sanhita (BNSS), Every
information relating to the commission of a cognizable offence, irrespective of the area
where the offence is committed may be given orally or by electronic communication.
Step 2: The complainant fills in the required details or submits the following information in
his complaint, including personal information, details of the incident, and any supporting
documents or evidence. The message so received electronically may be downloaded and
kept in a computer in the police station. The electronic information relating to the
commission of a cognizable offence may be entered in the e-complaint/eFIR register or as
prescribed by the head of the department.

2. Verification and Preliminary enquiry

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

As per 173(3) of BNSS- “Without prejudice to the provisions contained in section 175, on
receipt of information relating to the commission of any cognizable offence, which is made
punishable for three years or more but less than seven years, the officer-in-charge of the
police station may with the prior permission from an officer not below the rank of Deputy
Superintendent of Police, considering the nature and gravity of the offence —

(i) Proceed to conduct preliminary enquiry to ascertain whether there

exists a prima facie case for proceeding in the matter within a period of fourteen days;
or

(ii) proceed with investigation when there exists a prima facie case”

3. Registration within 3 days

Step 4: If the information is sent through electronic communication, the same shall only be
taken on record by police official being signed within three days by the person giving it
which means after signing the same FIR will be registered.

As per section 173 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):

“(1) Every information relating to the commission of a cognizable offence, irrespective of
the area where the offence is committed may be given orally or by electronic
communication and if given to an officer in charge of a police station —
 (i) orally, it shall be reduced to writing by him or under his direction, and be read
over to the informant; and every such information, whether given in writing or reduced to
writing as aforesaid, shall be signed by the person giving it;

(ii) by electronic communication, it shall be taken on record by him on being

signed within three days by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State Government may
prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence under
section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71,
section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the
Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such
information shall be recorded, by a woman police officer or any woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 64, section
65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section
75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita,
2023 is alleged to have been committed or attempted, is temporarily or permanently mentally
or physically disabled, then such information shall be recorded by a police officer, at the
residence of the person seeking to report such offence or at a convenient place of such person's
choice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Judicial
Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.”
 However, If the nature and gravity of the information sent to police station through
electronic communication requires immediate action /interference by police, matter may
be registered on behalf of the complainant by the Investigation Officer himself, after
verifying the facts and circumstance of the information.

Step 5: A copy of FIR is to be given to complainant. As per BNSS 173(2) A copy of the
information as recorded under sub-section (1) shall be given forthwith, free of cost, to the
informant or the victim.

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

5. Investigation
Step 7: The investigating officer conducts the investigation as per standard procedures

Remedy for citizens for non-registration of e-FIR and ZERO FIR by police officer

1. Remedy under Section 173 (4) BNSS

As per Section 173(4) BNSS , “any person aggrieved by a refusal on the part of an
officer in charge of a police station to record the information referred to in subsection (1),
may send the substance of such information, in writing and by post, to the Superintendent of
Police concerned who, if satisfied that such information discloses the commission of a
cognizable offence, shall either investigate the case himself or direct an investigation to be
made by any police officer subordinate to him, in the manner provided by this Sanhita, and
such officer shall have all the powers of an officer in charge of the police station in relation
to that offence failing which such aggrieved person may make an application to the
Magistrate”
2. Remedy under Section 199 BNS

As per Section 199 BNS -Public servant disobeying direction under law.

“Whoever, being a public servant —

(a) knowingly disobeys any direction of the law which prohibits him from requiring
the attendance at any place of any person for the purpose of investigation into an offence or
any other matter; or

(b) knowingly disobeys, to the prejudice of any person, any other direction of the
law regulating the manner in which he shall conduct such investigation; or

(c) fails to record any information given to him under sub-section (1) of section 174
of the Bhartiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable
under section 64, section 65 section 66, section 67, section 68, section 71, section 73, section
77, section 124 or section 143 or section 144,
shall be punished with rigorous imprisonment for a term which shall not be less than six
months but which may extend to two years, and shall also be liable to fine.”

Conclusion

The incorporation of Zero FIR and e-FIR in India's new criminal laws signifies a
transformative step towards modernizing the country's justice system. Zero FIR allows
victims to file FIRs at any police station, irrespective of jurisdiction, ensuring swift and
barrier-free access to legal recourse. This change is particularly beneficial for victims in
urgent or threatening situations, facilitating immediate police action and aiding in the timely
preservation of evidence. Complementing this, the introduction of e-FIR enables the online
filing of FIRs, broadening accessibility and convenience for the public. By leveraging digital
platforms, e-FIR minimizes the need for physical presence at police stations, thereby
 reducing delays and administrative burdens. Together, these reforms enhance the efficiency,
responsiveness, and inclusivity of the legal process, reflecting a commitment to victim-
centric justice and aligning with global best practices. However, their success will depend on
adequate training for law enforcement, widespread public awareness, and robust mechanisms
to ensure accountability and prevent misuse. In this regard, NCRB has launched a Mobile
App “NCRB Sankalan of criminal Laws”, which is a compilation of new criminal laws.
With its user-friendly design, comprehensive content, and innovative features, the app
empowers users to learn the new laws effectively.

Overall, the adoption of Zero FIR and e-FIR in the new criminal laws underscores a
significant advancement towards a more accessible, transparent, and equitable justice system
in India.

Reference:

https://bprd.nic.in/uploads/pdf/SOP_on_Zero_FIR%20&%20eFIR%20-%20NCL%202023.pdf
BBALLB, Semester - IV
Law of Crimes II (BBALLB405)
2024-2025

Prepared by: Brainware School of Law

Brainware University, Kolkata 11