How to file a Zero FIR and eFIR under the New Criminal Law? (BNSS-2023)
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It has been observed that there is a need for 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
To streamline the process of FIR registration and make it accessible to all citizens.
To ensure timely and efficient handling of complaints.
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. The provisions for registering a cognizable offence are now provided under section 173 of BNSS instead of section 154 of CrPC. The SOP outlines the following procedural steps:
1. Lodging a Zero FIR under BNSS
A complainant approaches any police station irrespective of territorial jurisdiction (173(1) BNSS) to complain.
On receipt of information regarding the commission of a cognizable offence committed outside the territorial jurisdiction of that police station, the SHO or the officer on duty records the complaint details in the Zero FIR register 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 and read to the informant. Every such information, whether given in writing or reduced to writing, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record and signed within three days by the person giving it...”
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 a cognizable offence punishable for three years or more but less than seven years, the officer-in-charge may, with prior permission, conduct a preliminary enquiry or proceed with an investigation.”
3. Registration and Copy to the Complainant
After fulfilling the requirements under section 173 BNSS, the officer registers the Zero FIR and provides a copy to the informant free of cost (173(2) BNSS).
4. Transfer
The Zero FIR is forwarded to the police station having jurisdiction over the place of the incident. The concerned police station re-registers it as a regular FIR and assigns it to an investigating officer.
5. Investigation
The investigating officer proceeds with the investigation as per standard procedures under BNSS and provides regular updates to the complainant.
B. e-FIR REGISTRATION
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces the provisions of Zero-FIR and e-FIR. The following procedural steps are outlined for submission and processing:
1. Initiation
The complainant logs into the official police e-FIR portal or sends the complaint electronically. Information is entered in the e-complaint/e-FIR register.
2. Verification and Preliminary Enquiry
The submitted e-FIR is forwarded for initial verification. The officer may proceed with a preliminary enquiry or investigation within fourteen days.
3. Registration within 3 Days
If the information is sent electronically, it must be signed within three days for the FIR to be registered.
4. Assignment
The SHO reviews the FIR and assigns it to an investigating officer for further action.
5. Investigation
The investigating officer conducts the investigation as per standard procedures.
Conclusion
The incorporation of Zero FIR and e-FIR in India's new criminal laws signifies a transformative step towards modernizing the justice system. Zero FIR ensures swift access to legal recourse, and e-FIR broadens accessibility by leveraging digital platforms. These reforms enhance the efficiency and inclusivity of the legal process, reflecting a commitment to victim-centric justice. Success depends on adequate training, public awareness, and robust accountability mechanisms.
