Any person can report a crime, regardless of where it happened, at any police
station by using a Zero FIR. This clause guarantees that the police station will
promptly register the FIR and forward it to the relevant authority for further
investigation. The notion was presented in order to assure timely response and
alleviate jurisdictional delays.
Through the process of official police websites
or portals, an electronic police report (e-FIR) can be submitted. This method
uses technology to improve the reporting of crimes, increase accessibility, and
shorten the registration procedure. Before the e-FIR is formally registered, it
is validated and, if needed, a preliminary investigation is carried out. Zero
FIR and e-FIR embrace the goal of improving the efficiency and accessibility of
the crime reporting procedure so that everyone, wherever they may be, can access
justice.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
The Lok Sabha passed the BHARATIYA NYAYA SANHITA, 2023, Rajya Sabha passed the
Bharatiya Nagarik Suraksha Sanhita, 2023, and the President endorsed the
Bharatiya Sakshya Adhiniyam, 2023. These laws aim to replace and repeal the
Indian Penal Code, 1806, the Code of Criminal Procedure, 1973, and the Indian
Evidence Act, 1872, respectively. Replace, the laws from the colonial past,
restructure India's criminal justice system, and defend citizens' rights by
emphasizing justice above punishment.
Background Of History:
- The Ministry of Home Affairs suggested the Zero-FIR idea for crimes
against women in 2015. It is not a unique idea.
- The courts have also backed the filing of Zero-FIRs in a number of instances,
emphasizing the need to document information regarding crimes that qualify for
prosecution and send it to the relevant police station.
- The BNSS now makes zero-FIR a lawful provision.
Zero FIR (The First Information Report) is a concept that was developed
to make sure that any police station, independent of the jurisdiction in
which the incident took place, could receive reports and registrations for
cognizable offenses. The goal of Zero FIR is to make it easier to file a
complaint as soon as possible, especially when it's urgent that action be
taken.
The Zero FIR provision is undoubtedly advantageous for victims as it
requires police officers to record the initial information regardless of
their geographical jurisdiction.
What Is Zero-FIR
A Zero-FIR is a crucial rule that permits anyone to report a crime at any
police station, regardless of the location of the incidence. The phrase
"irrespective of the area where the offence is committed" in Section 173
clearly affirms the requirement that police register a "Zero FIR," which
denotes the duty to report any information regarding the commission of a
crime that is legally actionable, regardless of whether the particular crime
was committed within the jurisdiction of the concerned police station or
not.
Preliminary Inquiry: For cognizable offenses carrying a sentence of
three years or more but less than seven years in prison, Section 173(3)
provides for a preliminary inquiry before an investigation, provided that an
officer not lower than the rank of Deputy Superintendent of Police grants
permission in advance after taking the offense's seriousness and nature into
account. There is a deadline for this inquiry: it must be finished within 14
days of receiving the information. Once the inquiry is over, the police will
begin an investigation if there is a Prima Facie.
Section 173 Of The BNSS Covers The Equivalent Provision, However Section 154 Of The Crpc Requires The Registration Of FIRs
Section 173 of the BNSS 2023 now
contains a statutory mandate for Zero FIR:
- Even if the incident did not take place within the police station's jurisdiction, anyone wishing to report a crime can go to any police station and file a formal complaint (FIR).
- The inquiry is then started by the police station where the report is lodged, which also assigns a temporary case number (a Zero FIR).
After then, the file is transferred to the local police station responsible for
the offense. When a victim or witness need prompt police involvement and waiting
to reach the appropriate jurisdiction could result in needless delays, zero
fault reports are especially helpful. It ensures that the legal procedure begins
immediately, and jurisdictional concerns are not hampering the inquiry
Methods For Reporting:
- Verbally:
- The policeman is required to document any verbal reports of crimes.
- The information must then be read back by the officer.
- To verify the written information, a signature is required.
- Electronically:
- Should the offense be reported via electronic mail, the police have to document it.
- For the electronic report to be formally recorded, it must be signed within three days.
It is crucial to note that the Indian criminal justice system has long used the
idea of a Zero FIR. The government advised the filing of Zero FIRs expressly for
crimes against women in a 2015 Ministry of Home Affairs advice. Additionally, in
a number of cases, the judiciary has repeatedly stressed how important it is to
file Zero F As an example, the Supreme Court ruled IN STATE OF AP VS. PUNATI
RAMULU AND OTHERS that a constable's recording of information about a cognizable
offence and subsequent reporting of that information to the police station with
jurisdiction over the alleged crime scene was not prohibited by a lack of
territorial jurisdiction.
Anyone seeking to report a crime can go to any police station and file a formal
complaint (FIR), even if the incident did not occur within the station's
jurisdiction.
The police station where the report is filed then opens an investigation and
issues a provisional case number (a Zero FIR). After then, the file is
transferred to the local police station responsible for the offense.
Zero fault reports are particularly useful when a victim or witness needs
immediate police participation and waiting to get to the right jurisdiction
could cause unnecessary delays. It helps ensure that jurisdictional issues don't
obstruct the investigation and that the legal process starts as soon as
possible.
whichever jurisdiction where the crime happened, anyone can submit a cognizable
offense at any police station by using a Zero FIR. This implies that the region
where the crime occurred does not have to be under the jurisdiction of the
police station where the FIR is filed.
Importance Of Zero FIRS
-
Immediate Action: The Zero FIR policy guarantees that prompt action can be performed without any delay due to jurisdictional concerns. This is especially important in urgent situations, such crimes against women, children, or other vulnerable populations.
-
Accessibility: Victims can approach any nearby police station without worrying about jurisdiction, which makes the procedure of reporting crimes more accessible to the general public.
-
Legal Duty: The inclusion of Zero FIR in BNSS 2023 mandates the police to register information about a cognizable offense, ensuring that no complaint is ignored due to jurisdictional constraints.
Impact On Registration Of FIRS:
-
Delay Reduction: Zero FIR minimizes the delays that frequently arise when victims are sent to multiple stations according to jurisdiction by enabling FIRs to be filed at any police station.
-
Enhanced Reporting: Regardless of where the incident occurred, it motivates more people to report crimes since they know that their complaints will be logged and handled quickly.
-
Clarity Regarding Jurisdiction: After the Zero FIR is assigned to the proper jurisdiction, there are no more questions about jurisdiction, so the investigation may move forward more easily and effectively.
-
Support In Urgent Circumstances: Zero FIR guarantees that the investigation's preliminary procedures can start right away in circumstances of urgency, such as major crimes or emergencies. This can be important in preserving evidence and capturing suspects.
What Is E-FIR
Electronic communication is a recognized and legitimate method of reporting
cognizable infractions by the BNSS. The electronic first information report, or
E-FIR, is a sign of the legislature's determination to adopt a more modern and
citizen-friendly approach.
Electronic FIR registration is permitted by BNSS
Section 173.
Here is a basic review of how e-FIR functions:
Step 1: Initiation: By any electronic communication, the police website, or the
official e-FIR portal, the complainant can electronically file a complaint. This
involves supplying personal information, incident facts, and corroborating
paperwork.
Step 2: Confirmation and Initial Questionnaire: The investigation officer
receives the filed e-FIR for preliminary verification. With authorization from a
higher-ranking officer, a preliminary investigation may be carried out within 14
days if the offense carries a three-to seven-year jail sentence.
Step 3: Registration within 3 days: To be formally registered as a FIR, an
electronically submitted complaint must be signed by the complainant within 3
days. This guarantees prompt police intervention.
Step 4: Copy of FIR: In accordance with BNSS Section 173(2), the informant or
victim shall receive a complimentary copy of the FIR as soon as it is recorded.
Step 5: Assignment and inquiry: After reviewing the FIR, the Station House
Officer (SHO) assigns it to an investigating officer, who then carries out the
inquiry in accordance with protocol.
Review Based On Parliament
Though recognizing the benefits of online FIR registration, the Parliamentary
Standing Committee on Home Affairs recommended regulating it through specific
channels to prevent logistical and technical issues. In spite of this, the
suggested regulation clause was not included in the BNSS when it was passed.
Procedure for Filing an E-FIR
- Initiation: By any electronic communication, the police website, or the official police e-FIR portal, a complainant may electronically file a complaint. This involves supplying personal information, incident facts, and corroborating paperwork.
- Verification and Preliminary Enquiry: The investigation officer receives the submitted e-FIR for preliminary inquiry and verification. With authorization from a higher-ranking officer, a preliminary investigation may be carried out within 14 days if the offense carries a three-to seven-year jail sentence.
- Recording and Confirmation: In order for the electronic report to be formally recorded, it must be signed within three days.
The
Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 streamlines the process of filing an e-FIR, making it easier and more efficient to report crimes. The steps and advantages are broken down as follows:
Advantages of Electronic Fingerprint Registration
- Accessibility: There are no geographical restrictions because anyone can file an e-FIR from anywhere.
- Efficiency: Reduced paperwork and quicker processing lead to increased efficiency.
- Transparency: Accountability and transparency are enhanced by digital records.
- Timeliness: Prompt registration guarantees prompt inquiry and response.
In conclusion, e-FIRs facilitate reporting, provide citizens more control, and contribute to a more effective criminal justice system.
Effects on the Criminal Justice System
The BNSS 2023's implementation of e-FIR greatly improves the criminal justice system's use and effectiveness by:
- Cutting Down on Latency: Making sure that FIRs are updated and registered on time.
- Expanding Reach: Enabling residents in isolated locations to report crimes without regard to location.
- Encouraging Confidence: Establishing accountable and transparent procedures to foster public confidence.
All things considered, the e-FIR system is a revolutionary step toward updating
and improving the responsiveness and citizen-friendliness of India's criminal
justice system.
Conclusion
In conclusion, everyone should be aware about Zero-FIR, E-FIR, and preliminary
inquiries under
The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). These
new regulations simplify the process of reporting crimes and obtaining prompt
assistance from the police, regardless of the location or method of reporting.
Zero-FIR ensures that, regardless of the location, all complaints regarding
significant crimes are registered and investigated. Using E-FIR to receive aid
is less stressful and faster. Thus, being aware of these new regulations makes
everyone safer and more aware of their rights. Through their effective use, we
can guarantee equitable and universal access to justice.
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