FIR and Zero FIR: Meaning, Process, Legal Provisions & Key Differences in India
Introduction
In India, the First Information Report (FIR) is the starting point of a criminal investigation. Many people, however, are unaware of an important legal safeguard known as Zero FIR, which allows victims to report a crime at any police station, regardless of jurisdiction.
This article explains what FIR and Zero FIR are, their legal basis, filing process, rights of the complainant, and the key differences between them.
What is FIR?
An FIR (First Information Report) is a written document prepared by the police when they receive information about the commission of a cognizable offence.
It is governed by Section 154 of the Code of Criminal Procedure (CrPC) (now under the Bharatiya Nagarik Suraksha Sanhita, 2023).
🔹 Cognizable Offences Include:
- Murder
- Rape
- Kidnapping
- Dowry death
- Theft
- Robbery
- Assault causing serious injury
In cognizable offences, police can register FIR and start investigation without court permission.
Read this: Police System in India: From State Police to Central Forces (Ranks, Structure, and Posts)
Legal Basis of FIR
- 📘 Section 154, CrPC (Now Section 173, BNSS 2023)
- FIR must be recorded by police
- It must be read over to the informant
- Informant must sign it
- A free copy must be provided
FIR Registration Process
Step-by-Step Process
- Victim/informant approaches the police station
- Information is recorded in writing
- FIR number is assigned
- Copy is given free of cost
- Investigation begins
If police refuse to register FIR:
- Complaint can be sent to Superintendent of Police (SP)
- Approach Magistrate under Section 156(3) CrPC
- File online complaint (in many states)
What is Zero FIR?
A Zero FIR is an FIR registered at any police station irrespective of territorial jurisdiction.
It is called “Zero FIR” because it is registered with FIR number 0 (zero) and later transferred to the appropriate police station.
This concept became widely recognized after the Nirbhaya Case, to ensure that victims are not denied immediate legal assistance due to jurisdiction issues.
Why Zero FIR is Important
- Ensures immediate registration
- Prevents delay in serious crimes
- Protects women and vulnerable victims
- Reduces harassment due to jurisdiction disputes
Zero FIR is especially important in:
- Sexual assault cases
- Road accidents
- Inter-state crimes
- Emergency situations
Legal Recognition of Zero FIR
Zero FIR is supported by:
- Supreme Court guidelines
- Criminal Law (Amendment) Act, 2013
- Ministry of Home Affairs advisories
Police cannot refuse to register Zero FIR in serious offences.
Key Differences Between FIR and Zero FIR
| Feature | FIR | Zero FIR |
|---|---|---|
| Jurisdiction | Must be filed in correct police station | Can be filed at any police station |
| FIR Number | Regular FIR number | Initially numbered “0” |
| Transfer | No transfer needed | Transferred to correct jurisdiction |
| Purpose | Normal complaint registration | Emergency immediate registration |
| Delay Risk | Possible due to jurisdiction | No delay |
Can Police Refuse to Register FIR?
No, in cognizable offences police cannot refuse to register FIR.
If refusal happens:
- Write complaint to SP
- File complaint before Magistrate
- Use online grievance portals
- Dial emergency helpline (100 / 112)
Rights of the Complainant
- Free copy of FIR
- Right to know status of investigation
- Right to file Zero FIR anywhere
- Right to approach higher authorities if denied
Important Supreme Court Judgment
In Lalita Kumari vs Government of Uttar Pradesh, the Supreme Court held:
Registration of FIR is mandatory under Section 154 CrPC if information discloses a cognizable offence.
This judgment made FIR registration compulsory.
When Should You File Zero FIR?
You should file Zero FIR if:
- Crime occurred in another city
- You are in shock/emergency
- Police station refuses citing jurisdiction
- You are travelling
Zero FIR ensures that legal process starts immediately.
Common Misconceptions
❌ Zero FIR is different from FIR
✔ It is legally valid FIR
❌ Only women can file Zero FIR
✔ Anyone can file Zero FIR
❌ Police can refuse
✔ Police cannot refuse in cognizable cases
Frequently Asked Questions
Is Zero FIR mentioned in law?
While not explicitly named in CrPC, it is recognized through judicial interpretation and government directives.
Can FIR be withdrawn?
In compoundable offences yes, otherwise court approval is required.
Is FIR public record?
Generally accessible but sensitive cases (sexual offences, minors) are protected.
Conclusion
Both FIR and Zero FIR are crucial legal tools to ensure justice. While FIR must be filed within jurisdiction, Zero FIR allows immediate action in urgent situations.
Understanding these rights empowers citizens to act quickly and lawfully in case of crime.
