How to File a Police Complaint in India

Zero FIR and e-FIR under Bharatiya Nyaya Sanhita, new criminal law of India and the remedy available to citizens if a police officer refuses to register a complaint.

Standard Operating Procedure for Submission and Processing of Zero FIRs under BNSS-2023

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS)-2023 has replaced the Criminal Procedure Code, 1973. This marks a significant change in the procedural landscape for handling cognizable offences in India. One notable change is the provision for the registration of a cognizable offence, which is now provided under section 173 of BNSS instead of section 154 of CrPC. This SOP outlines the procedural steps for the submission and processing of Zero FIRs, ensuring that the process is clear, standardized, and accessible to all citizens.

A Zero FIR allows any police station to register a cognizable offence irrespective of the location where the offence occurred. This is particularly important for ensuring timely justice and support for victims who may not be able to immediately reach the jurisdictional police station. The steps outlined in this SOP will help streamline the process, ensuring that all relevant procedures are followed and that there is accountability at every stage.

1. Lodging a Zero FIR under BNSS

 Step 1: Complainant Approaches Police Station

• A complainant may approach any police station irrespective of territorial jurisdiction (173(1) BNSS). This provision ensures that victims can seek immediate help without worrying about the jurisdictional limitations of the police station they approach.

 Step 2: Recording the Complaint

• Upon receiving information about a cognizable offence committed outside the territorial jurisdiction, the SHO or officer on duty is required to record the details in the Zero FIR register. This step is crucial as it allows for the immediate documentation of the offence, ensuring that the complaint is formally acknowledged and recorded.
• The case is then registered as a Zero FIR under the relevant sections of law as per the provisions of 173(1) BNSS.

Key Provisions of Section 173(1) BNSS:

• Oral Information: If the information is provided orally, it must be reduced to writing by the officer or under his direction. The written information should then be read over to the informant for verification and signed by them to ensure accuracy.
• Electronic Communication: If the information is provided through electronic communication, it must be taken on record and signed by the informant within three days. This ensures that there is a formal, verifiable record of the complaint.

Special Cases:

• For information provided by women against whom specific offences (such as those listed under sections 64-71, 74-79, or 124 of BNSS) have been committed, the recording should be done by a woman police officer. This provision aims to create a more comfortable and supportive environment for female victims.
• In cases where the victim is mentally or physically disabled, the information should be recorded at a convenient place chosen by the victim, in the presence of an interpreter or special educator if needed. The recording should also be videographed to ensure transparency and accuracy. Furthermore, the police officer must get the statement of the victim recorded by a Judicial Magistrate as soon as possible.

2. Preliminary Enquiry

 Step 3: Conducting Preliminary Enquiry

• According to section 173(3) BNSS, upon receiving information about a cognizable offence punishable by imprisonment for three to seven years, the officer-in-charge of the police station may conduct a preliminary enquiry. This step requires prior permission from an officer not below the rank of Deputy Superintendent of Police, taking into account the nature and gravity of the offence.
• With Permission: The preliminary enquiry must be conducted within 14 days to ascertain whether there exists a prima facie case for proceeding in the matter. This step ensures that only genuine cases proceed to full investigation, preventing unnecessary use of resources.
• Proceed with Investigation: If a prima facie case is established, the officer can proceed with a full investigation. This step ensures that the investigation is based on a solid foundation of initial evidence.

3. Registration and Copy to the Complainant

Step 4: Registering the Zero FIR

• After fulfilling the requirements under section 173 BNSS, the officer registers the Zero FIR. The FIR number is prefixed with “Zero” to indicate that it is a Zero FIR, highlighting that the offence occurred outside the police station’s jurisdiction.
• A copy of the recorded information is provided to the informant or victim free of cost, as stipulated in 173(2) BNSS. This ensures that the complainant has a formal document acknowledging their complaint.

Step 5: Primary Investigation

• If necessary, a primary investigation may be conducted by the investigating officer of the same police station. For example, in cases involving a medical examination of a rape victim, immediate action is critical to preserve evidence and provide necessary medical care.

4. Transfer

Step 6: Forwarding the Zero FIR

• The Zero FIR is then forwarded to the police station having jurisdiction over the place where the incident occurred. This step ensures that the case is handled by the appropriate authorities with jurisdiction over the location of the offence.

Step 7: Re-registration by Jurisdictional Police Station

• Upon receiving the Zero FIR, the concerned police station re-registers it as a regular FIR in their records. This re-registration ensures that the case is formally integrated into the jurisdictional police station’s records for further investigation.

Step 8: Assignment to Investigating Officer

• The SHO of the jurisdictional police station assigns the FIR to an investigating officer for further action. This step ensures that the case is promptly investigated by the appropriate personnel.

5. Investigation

Step 9: Conducting the Investigation

• The investigating officer proceeds with the investigation as per the standard procedures outlined under BNSS. This includes gathering evidence, interviewing witnesses, and taking necessary actions to solve the case.

 Step 10: Providing Updates

• Regular updates on the investigation are provided to the complainant. This ensures transparency and keeps the complainant informed about the progress of the case, thereby building trust in the investigative process.

Standard Operating Procedure for e-FIR Registration under BNSS-2023

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has replaced the Code of Criminal Procedure, 1973, introducing several significant changes including the provisions for Zero-FIR and e-FIR. The provisions for the registration of a cognizable offence are now detailed under section 173 of BNSS. This SOP outlines the procedural steps for the submission and processing of e-FIRs, ensuring a standardized, efficient, and accessible system for all citizens.

1. Initiation

 Step 1: Complainant Logs into the e-FIR Portal

• The complainant can log into the official police e-FIR portal or police website, or send the complaint/information to the concerned police station through any electronic communication. As per section 173(1) of BNSS, every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication. This step aims to streamline the process and make it more accessible to the public, especially for those who might find it difficult to physically visit a police station.

 Step 2: Submission of Information

• The complainant must fill in the required details or submit the following information in their complaint, including personal information, details of the incident, and any supporting documents or evidence. The received electronic message may be downloaded and kept in a computer at the police station. The electronic information relating to the commission of a cognizable offence should be entered in the e-complaint/e-FIR register or as prescribed by the head of the department. This ensures that all necessary information is captured accurately and promptly, reducing the chances of errors or omissions.

2. Verification and Preliminary Enquiry

 Step 3: Initial Verification

• The submitted e-FIR is forwarded to the investigation officer for initial verification. According to section 173(3) of BNSS, upon receiving information about a cognizable offence punishable by three to seven years, the officer-in-charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence:
• Proceed to conduct a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within 14 days; or
• Proceed with investigation if there exists a prima facie case.

This step is crucial to ensure that frivolous or false complaints do not lead to unwarranted investigations, thereby saving resources and protecting innocent individuals.

3. Registration within 3 Days

Step 4: Formal Registration

• If the information is sent through electronic communication, it shall be taken on record by a police official and must be signed within three days by the person giving it, after which the FIR will be registered. Section 173 BNSS stipulates that every information relating to the commission of a cognizable offence may be given orally or by electronic communication. If given electronically, it must be signed within three days by the informant.

 Special Provisions

• For information given by women against whom specific offences have been committed, it must be recorded by a woman police officer. This is to ensure that the complainant feels comfortable and safe while providing sensitive information.
• For victims who are mentally or physically disabled, the information should be recorded at a convenient place chosen by the victim, in the presence of an interpreter or special educator if needed, and videographed. The police officer must get the statement recorded by a Judicial Magistrate as soon as possible. This provision ensures that vulnerable individuals receive the necessary support and that their statements are accurately and respectfully recorded.

 Step 5: Providing a Copy of the FIR

• A copy of the FIR must be given to the complainant free of cost as per section 173(2) BNSS. This ensures that the complainant has a formal document acknowledging their complaint. Providing a copy of the FIR also empowers the complainant with proof of their report, which can be crucial for any subsequent legal proceedings.

4. Assignment

 Step 6: Review and Assignment

• The SHO of the concerned police station reviews the FIR and assigns it to an investigating officer. This step ensures that the case is promptly investigated by the appropriate personnel. The assignment process involves evaluating the complexity and nature of the case to match it with an officer who has the requisite expertise and experience.

5. Investigation

 Step 7: Conducting the Investigation

• The investigating officer conducts the investigation as per standard procedures under BNSS. This includes gathering evidence, interviewing witnesses, and taking necessary actions to solve the case. The investigation phase is critical for building a robust case and involves meticulous planning and execution.

Remedy for Non-Registration of e-FIR and Zero FIR by Police Officer

1. Remedy under Section 173(4) BNSS

As per section 173(4) BNSS, any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1), may send the substance of such information, in writing and by post, to the Superintendent of Police. If satisfied that such information discloses the commission of a cognizable offence, the Superintendent shall either investigate the case himself or direct an investigation by any subordinate officer. This provision ensures that there is a higher authority to appeal to, thus maintaining accountability within the police force.

2. Remedy under Section 199 BNS

Section 199 BNS addresses the disobedience by public servants. If a public servant knowingly disobeys any legal direction, fails to record information relating to a cognizable offence, or conducts the investigation improperly, they shall be punished with rigorous imprisonment for a term of six months to two years and shall also be liable to a fine. This section underscores the importance of adherence to legal protocols and provides a deterrent against negligence or misconduct by public servants.

Conclusion

The incorporation of Zero FIR and e-FIR in India’s new criminal laws signifies a transformative step towards modernizing the country’s justice system. Zero FIR allows victims to file FIRs at any police station, irrespective of jurisdiction, ensuring swift and barrier-free access to legal recourse. This change is particularly beneficial for victims in urgent or threatening situations, facilitating immediate police action and aiding in the timely preservation of evidence.

The introduction of e-FIR enables the online filing of FIRs, broadening accessibility and convenience for the public. By leveraging digital platforms, e-FIR minimizes the need for physical presence at police stations, thereby reducing delays and administrative burdens. Together, these reforms enhance the efficiency, responsiveness, and inclusivity of the legal process, reflecting a commitment to victim-centric justice and aligning with global best practices.

However, their success will depend on adequate training for law enforcement, widespread public awareness, and robust mechanisms to ensure accountability and prevent misuse. The NCRB has launched a Mobile App “NCRB Sankalan of criminal Laws”, which is a compilation of new criminal laws. With its user-friendly design, comprehensive content, and innovative features, the app empowers users to learn the new laws effectively. This initiative complements the reforms by providing accessible information to both law enforcement officials and the public, fostering a better understanding of their rights and responsibilities under the new legal framework.

The adoption of Zero FIR and e-FIR in the new criminal laws underscores a significant advancement towards a more accessible, transparent, and equitable justice system in India. By addressing the needs of diverse populations, including women and individuals with disabilities, these provisions promote inclusivity and ensure that the legal system serves all citizens effectively. Moving forward, continuous evaluation and improvement of these processes will be essential to maintaining their efficacy and ensuring that they fulfill their intended purpose of providing timely and fair justice to all.

In conclusion, the BNSS-2023 represents a pivotal shift in India’s approach to criminal justice, emphasizing accessibility, efficiency, and accountability. By integrating modern technologies and prioritizing victim-centric approaches, these reforms pave the way for a more responsive and just legal system, aligning with international standards and best practices.

King Stubb & Kasiva,
Advocates & Attorneys

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