Zero FIR and e-FIR: Innovations in India's Criminal Justice System

Introduction

India’s criminal justice system has witnessed significant reforms with the introduction of new criminal laws enacted by the Government of India on December 25, 2023. These reforms include the replacement of the Indian Penal Code (1861) with the Bharatiya Nyaya Sanhita-2023 (BNS), the Criminal Procedure Code (1973) with the Bharatiya Nagarik Suraksha Sanhita-2023 (BNSS), and the Indian Evidence Act (1872) with the Bharatiya Sakshya Adhiniyam-2023 (BSA). Such changes necessitate the development of Standard Operating Procedures (SOPs) for the efficient and equitable management of First Information Reports (FIRs), focusing specifically on Zero FIR and electronic FIR (e-FIR) provisions under BNSS-2023.

1. Zero FIR Registration Under BNSS-2023

Zero FIR allows for the registration of FIRs at any police station, irrespective of the incident’s jurisdiction. This procedure ensures immediate action and aids in the preservation of evidence without jurisdictional delays.

• Step 1: Any police station can receive a complaint of a cognizable offence from any location.
• Step 2: The police station registers the FIR as Zero FIR or ‘O’ FIR, recording it in the Zero FIR register.
• Step 3: The FIR is transferred to the appropriate police station based on jurisdiction.
• Step 4: The appropriate station re-registers and begins the investigation.

2. E-FIR Registration Process

e-FIR facilitates the online reporting of cognizable offences, expanding access and reducing the need for physical presence at police stations.

• Step 1: Complainants can log into the police e-FIR portal to submit their complaints electronically.
• Step 2: The police station must verify and register the FIR within three days of the electronic submission.
• Step 3: A copy of the FIR is provided to the complainant immediately after registration.

3. Remediation for Non-Registration

If a police station refuses to register an FIR, the complainant can approach the Superintendent of Police or, if unresolved, take the matter to a Magistrate.

Conclusion

The implementation of Zero FIR and e-FIR under India’s new criminal laws aims to modernize the justice system, making it more accessible and responsive. Success depends on thorough training for law enforcement, public awareness, and strict accountability measures. The National Crime Records Bureau (NCRB) supports these initiatives through educational resources like the “NCRB Sankalan of Criminal Laws” mobile app.

Frequently Asked Questions (FAQs)

Q1. What is a Zero FIR?
Answer: A Zero FIR can be filed at any police station regardless of the incident’s jurisdiction, which is then transferred to the appropriate police station for investigation.

Q2. How does e-FIR work?
Answer: e-FIR allows for online submission of a complaint about a cognizable offence. It is verified and registered by the police, and a copy is given to the complainant.

Q3. What are the remedies if an FIR is not registered?
Answer: The complainant can report the issue to the Superintendent of Police or seek a judicial remedy by approaching a Magistrate.

Q4. How do Zero FIR and e-FIR improve the criminal justice system?
Answer: These provisions ensure prompt and jurisdiction-free registration of complaints, enhancing the accessibility and efficiency of the legal process.

UPSC Practice MCQs

Question 1: What is the main purpose of Zero FIR?
A) To limit FIR registration to specific jurisdictions
B) To allow FIR registration at any police station
C) To enhance police accountability
D) To simplify crime reporting
Correct Answer: B

Question 2: What is a key feature of e-FIR?
A) It requires physical presence at police stations
B) It allows online submission of complaints
C) It is only for minor offences
D) It has no verification process
Correct Answer: B

Question 3: What should a complainant do if an FIR is not registered?
A) Leave without filing a complaint
B) Approach the Superintendent of Police
C) Wait for the police to act
D) Ignore the situation
Correct Answer: B

Question 4: Which law replaced the Indian Penal Code in 2023?
A) Bharatiya Nagarik Suraksha Sanhita
B) Bharatiya Nyaya Sanhita
C) Bharatiya Sakshya Adhiniyam
D) Indian Evidence Act
Correct Answer: B

Question 5: How does the NCRB support the new criminal laws?
A) By enforcing laws
B) Through public education resources
C) By increasing police numbers
D) By monitoring all crime
Correct Answer: B