In December of 2012, when a young woman was gangraped in New Delhi, she was called Nirbhaya and the country agitated for legal reforms. At that point, the Justice Verma committee set up to look at amendments to criminal laws in India, first suggested the concept of a ‘Zero FIR’.

Zero FIR is one such provision which might help the victim to appeal for investigation without wasting time. Very often though, the victims are denied the right to file an FIR by police authorities because the area the crime took place in does not fall under their jurisdiction.

• It means that an FIR can be filed in any police station, irrespective of the jurisdictional limitations and location of the incident.
• The respective police station takes in the FIR and marks it as a zero FIR by giving it serial number zero and immediately transfer the documents over to the concerned jurisdiction.
• Zero FIRs may be registered on the basis of a woman’s statement at any police station irrespective of jurisdiction. This means women can file an FIR at any police station and the complaint is required to be registered on the basis of the woman’s complaint verbatim.
• The police officers who fail to comply with the registration of Zero FIR may invite prosecution under Section 166A of IPC and also departmental action.

Landmark Judgments.

The Apex Court in Lalita Kumari v. Government of U.P. (2014) 2 SCC 1, observed that it is mandatory to register a FIR under section 154 if the complaint is related to a cognizable offence.

In State of Andhra Pradesh v. Punati Ramulu and Others AIR 1993 SC 2644, where the constable refused to lodge the FIR by the informant who was the nephew of the deceased and an eye witness of the crime on the grounds of jurisdictional limitations, the Court observed the failure of duty of the police constable and emphasized on his legal obligation to record the information and then transfer it to the competent police station.

In Kirti v. State Crl. M.C. 5933/2019 and Crl. M.A. 40833/2019, Delhi High Court, decided on November 29, 2019, the Court directed the Commissioner of Delhi Police to furnish a standing order to every police station in the National Capital Territory of Delhi to accept all and any information they receive which discloses the occurrence of a cognizable offence even if police station is incompetent on grounds of jurisdictional limitation and thereafter transfer the case to the competent police station.

The Concept of Zero FIR is beneficial for the women of the country against crime like sexual harassment and rape. However, the fact that most of the police officials are not aware of it and still decline to register the FIR in such cases on grounds of jurisdiction. Such officers must be educated with regard to such law and it is the responsibility of the respective state governments.