Police Reforms – SC directives, NPC, other committees reports

What is Zero FIR?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Zero FIR vs ordinary FIR

Mains level: NA

Why in the news?

  • The Hyderabad Police have initiated a zero FIR case against former minister for alleged derogatory remarks against Telangana CM.

First Information Report (FIR)

  • An FIR is a written document prepared by the police upon receiving information about a cognisable offence.
  • It is when an officer can arrest a suspect without a court’s warrant if/she has “reason to believe” that the person committed the offence and arrest is necessary based on certain factors.
  • It serves as the first step towards initiating the investigation process and subsequent police actions.
  • Section 154(1) of the Criminal Procedure Code (CrPC) empowers the police to register an FIR for cognizable offences.
  • Section 166A of the Indian Penal Code (IPC) provides punishment for public servants failing to record information related to a cognizable offence, with imprisonment of up to two years and a fine.

What is Zero FIR?

  • Provision and Purpose: Zero FIR allows any police station to register an FIR for a cognisable offence without assigning a regular FIR number initially.
  • No diary: Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’. Hence the name.

Features of a Zero FIR:

  1. Swift Action: The relevant police station subsequently registers a fresh FIR and commences the investigation.
  2. Focus on Victims: It is designed to expedite complaint lodging, particularly for serious crimes involving women and children, without the need to approach multiple police stations.
  3. Preserving Evidence: Early registration helps prevent the loss or tampering of crucial evidence and witnesses.
  4. Transferred Jurisdiction: The Zero FIR is later transferred to the relevant police station where the offence occurred or where the investigation should be conducted.

How does it work?

  • After a police station registers a zero FIR, it has to transfer the complaint to a police station that has the jurisdiction to investigate the alleged offence.
  • Once a zero FIR is transferred, the police station with the appropriate jurisdiction assigns it a serial number, thereby converting it into a regular FIR.

Legal Provisions for Zero FIR

The provision of Zero FIR finds support in various judgments and recommendations:

  1. Satvinder Kaur vs. State (1999): The Delhi High Court held that a woman has the right to lodge her complaint from any place other than where the incident occurred.
  2. Justice Verma Committee (2012): The introduction of Zero FIR was based on the recommendation of the Justice Verma Committee, which was formed in response to the 2012 Nirbhaya gangrape case.
  3. Lalita Kumari vs. Govt. of UP (2014): The Supreme Court ruled that registration of an FIR is mandatory when information discloses the commission of a cognizable offence.

PYQ:

2021: With reference to India, consider the following statements:

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked-up in police station, not in jail.

2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

 

Practice MCQ:

Regarding the Zero FIR, consider the following statements:

1. Zero FIR allows any police station to register an FIR for a cognizable offence without assigning a regular FIR number initially.

2. Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’.

Which of the given statements is/are correct?

(a) Only 1

(b) Only 2

(c) Both 1 and 2

(d) Neither 1 nor 2

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