What is First Information Report?
The first information report (FIR) is not explained in the Code of Criminal Procedure but in layman’s terms it can be known as the information reported to the police by the victim or the witness of the case or anyone with the knowledge of the case which pertains to a cognizable offence under Section 154(1) of the Criminal Procedure Code, 1973.
This information can be reported to any police in the area where the offence was committed the information once reported attains a serial number post which the crime reported shall be investigated upon by the police officer.
What is Zero First Information Report?
A Zero First information report (Zero FIR) is reported in the similar manner as FIR and will only be registered for heinous crimes such rape, murder etc. Unlike FIR, in a Zero FIR the jurisdiction of the police station can be different from the place where the offence was committed. It shall also be noted that unlike FIR, a Zero FIR does not get a serial number unless the police station with relevant jurisdiction of the offence gets intimidated with the information of the same. Until then the Report shall me marked as “0”. For example, In the case of Kirti Vashisht vs. state and others[1], it was held that the information which is registered as an FIR, when the offence took place which is not in the jurisdiction of the police station, the police can still take the information and register a zero FIR and then transfer to the particular police station.
Notable differences between FIR and Zero FIR-
Serial number- When a First Information Report is filed, there is a serial number appointed to the report but in case of a Zero FIR the report is first termed as ‘0’ until it is passed on to the police station with relevant jurisdiction.
Place of jurisdiction- In case of a First information report, the place of police station and the place where the crime was committed is required to be similar while in case of a Zero FIR the jurisdiction of the police station is to not be kept in mind as long as it is a heinous crime.
Delay in investigation- In an FIR, the police investigate at a normal pace as the offence is committed in the same jurisdiction which causes a delay in investigation due to several pending cases. But in a Zero FIR, it is the duty of the police to immediately take action due to the nature of the crime and further intimidate the information to the police station in whose locale the offence was committed. For example, in the case of State vs. Satish kumar[2], an army man was brought in an unconscious state in front of the duty officer. After gaining consciousness, he said that he felt unconscious after drinking mango juice given by a man in railway station and he also notice that his bag was missing. So, FIR was filed at RPF and then transferred to new Delhi.
Proficiency- In case of a Zero FIR, it is a more proficient and compelling way without confronting any issues and burden in comparison to enrolling FIR in the police station. For example, in Priyanka Reddy gangrape and murder case (Disha), the police was not agreeing to file an FIR as each police station was stating that the crime was not committed under their jurisdiction so the parents of Priyanka Reddy had to run from one police station to another which caused a major delay in the investigation.
Key points-
It is important to note that the police station where the Zero FIR is first lodged cannot transfer the case to the police station with appropriate jurisdiction of the crime without initial action and investigation.
It is also important to note that failing to observe Zero FIR is subject to prosecution under Section 166A of the Indian Penal Code, 1860.
Conclusion-
It can be said that Zero FIR is the most convenient way to register a complaint in the police station. Even if the crime is not committed in the same locale as the police station, the police can still not deny to file FIR. Earlier, the police usually denied taking FIR but the Hon’ble Supreme Court in Lalita Kumari vs. the State of U.P [3] has held that any information which amounts to cognizable offence is mandatory to be registered as FIR by the Police as such no further inquiry is necessary. If the person aggrieved does not get legal assistance, then the essence of the case is lost. In the Hathras rape case 2020[4], a woman was gang-raped and physically tortured and when the brother of the victim went to lodge an FIR there was a lot of delay in filing the same as the accused belonged from an upper caste family. Immediate filling of the FIR will lead to the accused being caught and the chances of the evidence being tampered will be quite less. Therefore, FIR should be filed just after offence has been committed to prevent the loss of facts and evidence.
Witten By,
Kalpana Nailwal,
Intern, Chanchlani Law World
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