Zero FIR Under BNSS: A Lifesaving Legal Tool Every Citizen Must Know

In a country as vast as India, access to justice often depends on time, place, and the willingness of authorities to act swiftly. To tackle this, the law introduced a game-changing concept—Zero FIR. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, this provision continues to empower victims by allowing them to file a complaint at any police station, irrespective of jurisdiction. Whether the incident happened in another city, state, or region, the police must register the FIR and begin preliminary action. Zero FIR is not just a procedural reform, it is a lifeline for victims, especially in sensitive crimes like rape, kidnapping, or road accidents where delays can destroy crucial evidence.

What Is Zero FIR?

A Zero FIR is an FIR registered by any police station, even if the crime did not occur within its territorial jurisdiction. Once registered, the FIR is assigned the number ‘0’ and later transferred to the police station having proper jurisdiction. This ensures that the victim does not suffer because of procedural delays or uncooperative officers.

Under BNSS Section 173, police officers are obligated to record information regarding a cognizable offence immediately, without raising jurisdictional objections. Zero FIR has been specifically upheld as part of the citizen’s right to access speedy investigation.

Why Is Zero FIR Important?

Zero FIR plays a crucial role in ensuring immediate access to justice, especially in cases where time is a deciding factor between life and death or between conviction and acquittal. Before the concept of Zero FIR existed, victims frequently faced refusal from police stations due to jurisdiction issues. This often caused delays that led to loss of vital evidence, medical deterioration, or escape of the accused.

Zero FIR ensures that the police cannot deny help simply because the crime occurred outside their territorial limits. This is especially important in sensitive cases like rape, kidnapping, trafficking, missing persons, and hit-and-run incidents, where every minute matters for investigation.

It also helps individuals who are travelling or away from their home city, ensuring they are not helplessly passed from one police station to another. Most importantly, Zero FIR strengthens citizens’ trust in the criminal justice system by making the police accountable for taking immediate action. It bridges the gap between victims and justice, preventing procedural technicalities from becoming obstacles.

Zero FIR Under BNSS: What the Law Says

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 preserves and strengthens the concept of Zero FIR. The law clearly mandates that any police station must record information regarding a cognizable offence, regardless of where the crime occurred. BNSS provisions have modernized the criminal procedure and made Zero FIR more effective and enforceable.

Key Provisions in BNSS Regarding Zero FIR

1. Section 173 – Mandatory FIR Registration

This section obligates the police to register an FIR upon receiving information about a cognizable offence. Jurisdiction cannot be used as a ground for refusal. If the crime occurred elsewhere, the FIR should be registered as a Zero FIR and transferred appropriately.

2. Section 174 – Protection of Victims' Dignity

This section ensures the victim’s statement is recorded sensitively. Women, minors, and disabled persons can request their statement to be recorded at a place of their choice, including their home, ensuring comfort and protection.

3. Provision for Digital FIR (e-FIR)

BNSS encourages electronic filing of complaints and immediate digital transfer of Zero FIRs. This reduces delays and bureaucratic errors and strengthens transparency.

4. Accountability on Police Officers

BNSS introduces stronger disciplinary measures against officers who refuse to register Zero FIRs. Such refusal may result in departmental inquiry and punishment, ensuring officers follow the law.

Overall, BNSS makes Zero FIR not only a right but a legally enforceable obligation for police authorities.

Step-by-Step Process of Filing a Zero FIR

Filing a Zero FIR is simple and designed to help victims receive quick assistance. Here is the detailed procedure:

1. Approach the Nearest Police Station

You can visit any police station, irrespective of jurisdiction. The police cannot refuse to hear your complaint. In emergencies, dial 112 or visit the closest outpost.

2. Submit Information About the Crime

Provide details orally or in writing. The police officer must record an oral complaint in writing and read it back to you to verify accuracy.

3. Description of Events

The victim or informant must describe what happened—time, place, persons involved, and nature of the offence. The police cannot insist on jurisdiction details at this stage.

4. FIR Entry and Assignment of “0” Number

The police will record your statement in the FIR register. Instead of giving a normal serial number, it is marked as Zero FIR to show that the police station is not the jurisdictional authority.

5. Preliminary Action by Police

The police must immediately take basic action such as:

• Sending the victim for medical examination

• Preserving evidence

• Issuing alerts (in accident, kidnapping, theft cases)

• Recording witness statements

6. Transfer to Jurisdictional Police Station

After completing preliminary procedures, the FIR is sent to the correct police station. Transfer should be done without delay, physically or digitally.

This process ensures that victims receive timely help, and investigations begin without jurisdictional hurdles.

Case Laws Supporting Zero FIR

1. Lalita Kumari v. Government of Uttar Pradesh (2013)

The Supreme Court held that police must register an FIR when information about a cognizable offence is received. Delay in such cases harms investigation and victims’ rights. This judgment laid the foundation for Zero FIR by emphasizing immediate registration without jurisdictional objections.

2. Kirti Vashisht v. State of Delhi (2021)

The Delhi High Court clarified that Zero FIR can be filed at any police station. It ruled that police cannot refuse registration due to territorial issues. The Court reiterated that access to justice begins with hassle-free FIR registration, strengthening the concept legally and practically.

3. State of Punjab v. Gurmit Singh (1996)

The Supreme Court stressed that FIRs in cases of rape must be registered without delay, as delay leads to loss of medical and forensic evidence. Although predating the term Zero FIR, the judgment supports its necessity in crimes involving women and minors.

Common Misconceptions About Zero FIR

Misconception 1: Only women can file a Zero FIR.

This is false. Zero FIR is a right available to every citizen, regardless of gender. Men, women, children, tourists, and foreign nationals can file it.

Misconception 2: Police can refuse a Zero FIR if they lack jurisdiction.

Not true. Under BNSS, refusal to register Zero FIR is a violation of law and invites disciplinary action. Jurisdiction is not relevant at the stage of recording information.

Misconception 3: Zero FIR has less legal value than a regular FIR.

A Zero FIR has the same evidentiary and procedural value as a regular FIR. The number "0" simply indicates the FIR will be transferred later.

Misconception 4: Only serious crimes qualify for Zero FIR.

Zero FIR applies to any cognizable offence, not just rape or kidnapping. Theft, assault, accidents, cybercrimes, and missing persons cases also qualify.

Misconception 5: Zero FIR delays investigation.

In reality, Zero FIR prevents delays. Preliminary steps like medical examination and evidence protection begin immediately, even before jurisdiction transfer.

Conclusion: Awareness of Zero FIR Is a Citizen’s Shield

Zero FIR under BNSS is a powerful tool that ensures justice is not delayed due to technicalities. It promotes quick action, protects victims’ rights, and brings accountability to the police. However, many citizens still do not know their right to file a Zero FIR at any police station.

In a country where crime can happen anywhere and anytime, awareness of Zero FIR is not just legal knowledge, it is a protective shield. Every citizen must understand this provision and help others exercise their rights without hesitation.