We stand in 2023 and strangely a lot of people continue to fear filing an FIR. FIR or the first information report is a written document prepared by police following the information they record of an offence. It is called the first information report because the this is where the complaint gets registered first by the police after the crime takes place. Well, multiple reasons contribute to people not filing FIRs in the first place. While many of them think it involves a lot of hassle, others think police officials might not register the report. But do you know that it is now easier for any citizen of India to register a complaint in any police station of the country with the zero FIR?
With our new series, HaqSe, we have been untangling your rights with a legal expert every week. This time, we will be simplifying the Right to zero FIR with Ravi S Gupta, Advocate Supreme Court of India. Ahead of our quick Instagram live around the right, we thought of bringing you a detailed breakdown of Zero FIR.
What Is Zero FIR?
Gupta while speaking about zero FIR said, “Unlike an FIR, which is restricted by jurisdiction, a zero FIR can be filed in any police station, regardless of whether the offence was committed under the jurisdiction of the particular police station.”
Zero FIR is quite different from a regular FIR. It can be registered at any police station irrespective of the place where the crime was committed. While FIRs have a serial number assigned to them, zero FIRs are assigned the number '0', hence the name of the FIR.
Benefits Of Zero FIR
A lot of crimes go unreported because people find filing complaints a big hassle. Many struggle to find the right authorities to file the report with. However, with the zero FIR, the victim or the informant can easily head to any police station and report. Police officials take swift measures to file and investigate the crime, much quicker than a regular FIR process.
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How To File A Zero FIR?
- If the crime is cognizable, the informant or victim can file a zero FIR at any police station.
- Submit the information orally or in writing at the police station.
- A copy of the FIR is given free of cost.
- Depending on the Code of the Criminal Procedure, 1973, if the crime falls under sections 326A, section 326B, section 354, section 354A, section 354B, section 354C, among others, it is to be registered by a woman officer.
- In case the crime falls under sections like Section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section376,{section 376A, section 376A, and section 376AB, among others and if the person is physically disabled, the police officer should record the statement in the presence of an interpreter or special educator.
- All the information is videographed.
- The statement of that informant is recorded by the magistrate under clause (a) of sub-section (5A) of section 164.
- After registering the zero FIR, the complaint is transferred to the police station with the jurisdiction to investigate the alleged crime. After the report is sent to the apt jurisdiction, it gets a serial number and is converted into a regular FIR.
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