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How Is Zero FIR Different From FIR? How Is Zero FIR Different From FIR?

Bronze medal Reporter Names Posted 21 Nov 2020
How Is Zero FIR Different From FIR?

Before going to zero FIR, let us get onto FIR. FIR or First Information Report is a document prepared by police on the basis of information provided by the informant regarding the commission of a cognizable offence. The person lodging FIR can be a victim or a witness or anyone who has the information regarding the offence.

Zero FIR

Zero FIR is that which can be lodged at any police station irrespective of the place of commission of crime and jurisdiction. This FIR would be then transferred to the police station of appropriate jurisdiction subsequent to a preliminary investigation. This concept was brought about by the suggestion of Justice Verma Committee in the Criminal Law (Amendment) Act,2013.

How Is Zero FIR Different From FIR?

  • Usually, FIR, when filed, has a serial number while zero FIR is not numbered.
  • Normally, First Information Report is filed in a police station within the jurisdiction while zero FIR can be registered in any police station irrespective of the place of crime and competent jurisdiction.
  • Another differentiation is that the zero FIR filed at any police station is transferred to the proper jurisdictional police station after conducting a preliminary investigation.

In the matter of : Kirti Vashisht vs. State & Ors.- the Delhi High Court noted;

As per section 154 Cr.P.C., if any information relating to the commission of a cognizable offence is received by any Police Station, the said Police Station is duty bound to register the FIR. However, if the crime is not occurred in the jurisdiction of the said Police Station, then after registering the „Zero FIR', the same has to be transferred to the concerned Police Station for investigation, where the offence has been committed.

17. It is not in dispute that the provision of ‘Zero FIR’ came up as a recommendation in the Justice Verma Committee Report, in the new Criminal Law (Amendment) Act, 2013 after the heinous „Nirbhaya Case’ of December, 2012. The provision says: “A Zero FIR can be filed in any police station by the victim, irrespective of their residence or the place of occurrence of crime.””

In the case : Satvinder Kaur v. State (Govt. Of NCT Delhi) - the Supreme Court observed:

Further, the legal position is well settled that if an offence is disclosed the Court will not normally interfere with an investigation into the case and will permit investigation into the offence alleged to be completed. If the F.I.R., prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. (Re: State of West Bengal v. Swapna Kumar, [1982] 1 SCC 561.) It is also settled by a long course of decision of this Court that for the purpose of exercising Us power under Section 482, Cr. P,C. to quash an FIR or a complaint, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se; it has no jurisdiction to examine the correctness or otherwise of the allegations. (Ref. Pratibha Rani v. Suraj Kumar and another, [1985] 2 SCC 370 at 395).” More information on this can be obtained from Lawyers in India.

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