Transforming Crime Reporting

The new criminal laws, namely the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA), which have replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively, have taken effect from July 1, 2024. The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “the BNSS”), intended to supersede the Code of Criminal Procedure, 1973, has introduced significant changes, including provisions for Zero-FIR and e-FIR.

What is a First Information Report (FIR)?

An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence (one in which a police officer can arrest without a warrant). It is the initial step in the criminal justice process and sets the investigation in motion. In Hasib v. State of Bihar, (1972) 4 SCC 773, it was held that the principal object of the first information report from the point of view of the informant is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party.

What are the requirements for filing an FIR under the BNSS?

The offence reported must be cognizable. Information can be provided in writing, but if conveyed orally, it must be transcribed, read back to the informant, and signed by them. This applies similarly to information received electronically. A copy of the FIR is provided to the informant at no cost. Importantly, if the offence is reported by a woman, it must be recorded by a female police officer or any female officer. Similarly, if the report is from a person who is temporarily or permanently physically or mentally disabled, it must be recorded in the presence of an interpreter or special educator at a suitable location, with the entire process being videographed for transparency and accuracy.

What is the evidentiary value of an FIR?

The first information report is never treated as a substantive piece of evidence. It can only be used for corroborating or contradicting its maker when he appears in court as a witness. Its value must always depend on the facts and circumstances of a given case.

Can multiple FIRs be filed for the same offence?

No subsequent FIR in respect of same or connected cognizable offence, occurrence or incident as alleged in the first FIR, is permissible unless it is in form of counterclaim/case, as such subsequent FIR(s) would constitute abuse of statutory power of investigation and would be liable to be quashed.

What is the duty of the police to register an FIR?

For cognizable offences, a duty has been cast upon the police to mandatorily register an FIR.

What if there is delay in lodging/filing an FIR?

Delay in setting law into motion by lodging of complaint and registration of FIR is normally viewed by courts with suspicion because there is possibility of concoction and embellishment of the occurrence. So, it becomes necessary for prosecution to satisfactorily explain the delay.

What is a Zero FIR?

A Zero FIR can be filed at any police station where information about a cognizable offence is received, regardless of territorial jurisdiction. A Zero FIR can be lodged at any police station, irrespective of the location of the incident. After the FIR is registered, the police station must transfer the relevant documents to the police station that has jurisdiction over the matter. The concerned police station then assigns a number to the FIR and proceeds with the investigation. This provision significantly aids victims, as the police officer is obligated to register the first information report, irrespective of territorial jurisdiction.

What is the history behind Zero FIR?

The concept of Zero-FIR is not new to the Indian criminal justice system. In an advisory issued by the Ministry of Home Affairs in 2015, the government recommended registering Zero-FIRs for crimes against women. Furthermore, the judiciary has emphasized the importance of registering a Zero-FIR in various cases. For example, in the case of State of AP v. Punati Ramulu and Others, it was held that any lack of territorial jurisdiction should not prevent the constable from recording information about a cognizable offence and forwarding it to the police station with jurisdiction over the area where the crime was committed. Justice Verma Committee Report also recommended the provision of Zero FIR, after the December 2012 gang rape of a 23- year old girl in Delhi.

What are the requirements of filing a Zero FIR?

A Zero FIR can be initiated by the victim, a family member, a relative, or any individual with knowledge of the incident on behalf of the victim. This type of FIR is crucial for cognizable offences and can be filed at any police station, regardless of where the incident occurred. A Zero FIR ensures immediate registration by the police, facilitating quicker investigation. The process mirrors that of a standard FIR, where the police record the statement and necessary details, providing a duplicate copy to the informant without charge.

What is an e-FIR?

The BNSS also includes provisions for electronically registering FIRs. However, it mandates that the signature of the person providing the information must be obtained within three days for the e-FIR to be officially recorded. This development is particularly beneficial for victims, particularly women, ensuring timely registration of sensitive cases, while sparing them from the ordeal of repeated recounts during FIR registration.

What are the essentials of filing an e-FIR?

If an information with regard to the commission of a cognizable offence is made via electronic communication, it must be recorded once signed by the complainant within three days. Preferably, electronic complaints should be directed to the official email or mobile number of the Station House Officer (SHO) for accountability, monitoring, and ease of communication. The SHO should reply through the same mode, requesting the complainant or their representative to appear before them and sign the complaint. If the contact details are provided, the SHO may call the complainant or delegate someone to proceed if the address is within their jurisdiction, based on the circumstances of each case. In cases, where the complaint indicates distress or circumstances preventing the complainant from visiting the police station, such as fear or wrongful confinement, especially in cases of offences against women or serious crimes, the SHO must take immediate steps to aid and, if necessary, rescue the complainant. If the address is outside their jurisdiction, the SHO must promptly inform the relevant SHO. Even after taking these steps, if the SHO is unable to obtain the complainant’s signature and the complaint involves a cognizable offence, they have the option to accept a complaint from the complainant’s relatives or any other person familiar with the offence to initiate the investigation, considering that the offence is not only against the complainant but also against the State.

What is a preliminary enquiry?

The BNSS introduces the provision for conducting a preliminary enquiry in cases where the offence is punishable with imprisonment for three to less than seven years. This requires prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the seriousness of the offence. The preliminary enquiry must be completed within fourteen days to determine if there is a prima facie case to proceed further. If such a case already exists based on the initial information, the officer can proceed directly with the investigation without the need for a preliminary enquiry. This provision aims to streamline the process of handling cases of moderate severity, ensuring prompt action based on the nature and gravity of the offence reported.

What are the remedies available for the informant if the Police Officer refuses to register an FIR?

The BNSS allows the informant to approach a Magistrate if their complaint is not registered by the officer in charge of the Police Station or the Superintendent of Police. The informant must submit an application along with a complaint. The Magistrate first verifies if the application is supported by the complainant’s affidavit. The Magistrate may conduct an inquiry if deemed necessary, aimed at determining whether a prima facie case exists. This inquiry is not intended to assess the sufficiency of evidence for conviction. If an inquiry is conducted, the Magistrate may request a report from the police officer and may summon the officer to explain why the case was not registered. Based on these considerations, the Magistrate may decide whether to order an investigation or not. This process ensures that grievances about non-registration of complaints are addressed through judicial oversight, safeguarding access to justice.

Can an FIR be registered for a non-cognizable offence?

When a victim or informant reports a non-cognizable offense (where a police officer does not have the authority to make an arrest without a warrant), to the police officer, several steps are followed. Firstly, the officer records the details in the designated book for non-cognizable cases. Next, the officer directs the informant to seek permission from a magistrate to proceed further with the case. A daily diary report, known as the General Diary, is forwarded fortnightly regarding the case. Once permission is granted by the magistrate, the police officer registers an FIR and proceeds with the investigation, excluding any immediate arrests. For the arrest of the accused in a non-cognizable case, the officer must obtain an arrest warrant from the magistrate having jurisdiction. If the report involves multiple offences, including at least one cognizable offense, the case is treated as a cognizable matter and handled accordingly. These procedures ensure that non-cognizable offences are addressed systematically under the law, with appropriate legal oversight and procedural steps followed by law enforcement.

In conclusion, the introduction of FIR, Zero FIR, and E-FIR under the Bharatiya Nagarik Suraksha Sanhita, 2023, marks a significant stride towards enhancing accessibility, efficiency, and accountability within our criminal justice system. These provisions not only ensure that every complaint, regardless of jurisdiction or mode of reporting, is promptly registered and investigated but also empower victims, particularly women, by streamlining the process and safeguarding their rights. By embracing technological advancements through e-FIRs and upholding the principle of Zero FIRs, which enable immediate action irrespective of where the incident occurred, the BNSS 2023, sets a new standard for responsiveness and transparency in law enforcement. As we navigate these legal reforms, it is crucial to continue monitoring their implementation to ensure they fulfill their promise of delivering swift and fair justice to all citizens of the country.

Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.

The contents of this article are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.