Zero FIR and e-FIR: How to File and What to Do If Refused

In the high-profile case of Sushant Singh Rajput's death, the initial FIR was not filed in Mumbai, where he passed away, but by his parents in Patna. This type of FIR, known as a Zero FIR, allows reporting a crime even if it occurred outside the local police station's jurisdiction.

With the introduction of 3 new criminal laws, the provisions for Zero FIR have been specifically written down, along with provisions for E-FIR. These updates makes sure that complaints are registered quickly, no matter where the incident happened or where one is located.

In this blog post, we'll walk through the essentials of Zero FIR and E-FIR, including how to file them and the remedies available if the police refuse to register a complaint. Let's get started!

What is Zero FIR?

A Zero FIR is a First Information Report that can be filed at any police station, no matter where the crime happened or which police station has jurisdiction.

When a zero FIR is filed, it follows the same procedure as a regular FIR. Instead of getting an FIR number from a specific police station, the police initially assign the number '0'. Once the case is sent to the appropriate police station, it will be given a proper FIR number.

Who can file a Zero FIR?

Anyone can file a Zero FIR. A victim or an informant can go to any police station to file a Zero FIR, regardless of where the incident occurred.

How to file a Zero FIR? 

Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhit (BNSS), a Zero FIR can be filed at any police station, regardless of jurisdiction, but only for cognizable offences.

Step 1: Approach Any Police Station

• Go to any police station, no matter where the crime happened.

Step 2: Record the Complaint

• The officer will write down your complaint in the Zero FIR register.

• If you give the information orally, the officer will write it down and read it back to you for verification and your signature.

• If you give the information electronically, you need to sign it within three days.

Step 3: Conduct a Preliminary Enquiry

• If the offence is serious, the officer may conduct a preliminary enquiry within 14 days, with permission from a higher-ranking officer.

• If there's enough evidence, a full investigation will follow.

Step 4: Register the Zero FIR

• The officer will register your complaint as a Zero FIR and give you a copy for free.

Step 5: Primary Investigation

• If necessary, the same police station may conduct an initial investigation, like arranging for a medical examination in rape cases.

Step 6: Forward the Zero FIR

• The Zero FIR is sent to the police station that has jurisdiction over the place where the crime occurred.

Step 7: Re-registration

• The receiving police station will re-register the Zero FIR as a regular FIR.

Step 8: Assignment to Investigating Officer

• The Station House Officer (SHO) assigns the case to an investigating officer.

Step 9: Conduct the Investigation

• The investigating officer will gather evidence, interview witnesses, and take necessary actions to solve the case.

Step 10: Provide Updates

• Regular updates on the investigation will be given to you.

Important Note: Zero FIR is meant to speed up the process of filing complaints, especially for serious crimes against women and children, so victims don't have to visit several police stations and have the benefit of reporting the crime to the nearest local police department.

You should read about this- 5 Rights Against Police Every Indian Should Know.

Remedies for Non-Registration of Zero FIR

If the police refuse to register a Zero FIR for a cognizable offence, you can send a written complaint by post to the Superintendent of Police, detailing the offence under Section 173(4) of BNSS. If the Superintendent is satisfied that the information discloses a cognizable offence, they will order the registration of the FIR and either investigate the case themselves or assign it to a subordinate officer. 

If the Superintendent also refuses, you can approach the Magistrate (of First Class) by filing a complaint under Section 175(3) of BNSS. This ensures there are higher authorities to appeal to, maintaining police accountability.

If you want to know about the Difference between FIR & Complaint, then click on the link.

What is e-FIR?

An e-FIR (Electronic First Information Report) is a digital version of the traditional First Information Report used to report criminal activities to the police. Therefore, it is governed by the same legal provisions. The e-FIR system allows citizens to file complaints online, making the process more accessible and efficient.

Who can file an e-FIR?

An e-FIR can be filed by the victim of the crime, a witness to the crime, or anyone who has information about the crime. It's important to note that e-FIRs can only be filed for cognizable offences. These include crimes like murder, rape, and theft, where police can take action without needing an arrest warrant.

How To File an e-FIR?

To file an Electronic First Information Report (EFIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), follow these steps:

Step 1: Log into the e-FIR Portal

• Visit the official police e-FIR portal or website.

• You can also file your complaint electronically.

Step 2: Submit Information

• Fill in your personal details, incident details, and any supporting documents or evidence.

Step 3: Initial Verification

• The e-FIR is forwarded to an investigation officer for initial verification.

• If the offence is serious, the officer may conduct a preliminary enquiry within 14 days, with permission from a higher-ranking officer.

• If there's enough evidence, a full investigation will follow.

Step 4: Formal Registration

• If your complaint is electronic, you need to sign it within three days.

• Special provisions are made for women and disabled victims to ensure their comfort and safety: 

• For women, their complaints must be recorded by a woman police officer, especially in cases involving sensitive offences.

• For disabled victims, the complaint is recorded at a location of their choice by a Judicial Magistrate, with an interpreter or special educator present if needed, and the process is videographed for transparency.

Step 5: Provide a Copy of the FIR

• A copy of the FIR will be given to you for free.

Step 6: Review and Assignment

• The SHO reviews the FIR and assigns it to an investigating officer.

Step 7: Conduct the Investigation

• The investigating officer will gather evidence, interview witnesses, and take necessary actions to solve the case.

Remedies for Non-Registration of e-FIR

If an e-FIR is not registered, you can also send the substance of your complaint in writing to the Superintendent of Police under Section 173(4) of BNSS. The Superintendent will review the complaint, and if they find it valid, they will either investigate the case themselves or direct a subordinate to do so. 

Additionally, under Section 199 BNS, any public servant who knowingly disobeys legal directives or fails to register or investigate a cognizable offence can be punished with imprisonment for six months to two years and a fine, ensuring strict adherence to legal protocols.

If you want to know about the Provision of zero-fIR and E-fIR under BNSS, click on the link.

Conclusion

Understanding Zero FIR and e-FIR empowers you to seek justice without being hindered by bureaucratic hurdles or jurisdictional issues. By simplifying the process of filing complaints, especially for serious offences, these systems ensure that victims receive timely assistance. Remember, if your complaint is not registered, there are higher authorities you can appeal to, maintaining accountability within the police force. With these tools at your disposal, you can confidently take the necessary steps to report a crime and ensure it is properly investigated.