What Is Zero FIR? When Can You File It and What Happens After?
Date Published
Suppose a woman is assaulted while travelling on a train, and the train crosses three states before she can reach a police station. Does she have to wait until she finds the exact police station of the crime spot? The answer is no, and the reason is a simple but powerful idea called Zero FIR.
Zero FIR is one of those topics that looks small on paper but carries a lot of weight in the Judiciary Exam. Prelims papers frequently test the exact provision under the Bharatiya Nagarik Suraksha Sanhita, 2023, popularly called BNSS. Mains papers expect candidates to explain the concept along with its judicial history. Interview panels often ask a simple question such as why Zero FIR was needed at all, and a candidate who understands the background gives a much stronger answer.
Students preparing under Nitesh Choubey Sir at Aashayein Judiciary are advised to treat Zero FIR as a bridge topic. It connects the old CrPC framework, the new BNSS provisions, and important Supreme Court judgments, all in one place.
What Is Zero FIR
In simple words, a Zero FIR is a First Information Report that can be registered at any police station, even if that police station does not have territorial jurisdiction over the place where the offence happened.
Normally, an FIR is registered by the police station within whose area the offence has taken place. But in urgent situations, insisting on this rule can cause dangerous delay. Zero FIR removes this barrier. The police station that receives the complaint records it, gives it a serial number of zero instead of the usual FIR number, and later transfers it to the police station having proper jurisdiction.
This means that a victim does not have to run from one police station to another just to find the correct jurisdiction. The first police station that is approached must record the complaint if it discloses a cognizable offence.
The word cognizable is important here. Cognizable offences are serious offences such as murder, rape, robbery, kidnapping and dowry death, where the police can arrest without a warrant and start investigation on their own. Zero FIR applies only to cognizable offences.
Origin of Zero FIR
Many students assume that Zero FIR is a completely new invention of the BNSS. This is not correct, and examiners like to test this exact point.
Zero FIR was not present as a specific provision under Section 154 of the old Code of Criminal Procedure, 1973. It developed gradually through police practice and judicial guidance. The idea gained strong momentum after the 2012 Nirbhaya case, when the Justice Verma Committee examined gaps in the criminal justice system and recommended reforms for the safety of women. Following this, the Ministry of Home Affairs issued an advisory in 2015 asking states to allow registration of Zero FIR, especially for crimes against women, regardless of the place of occurrence.
Even before this advisory, courts had recognised the underlying principle that jurisdiction cannot be a ground to refuse recording a complaint. So, before 2024, Zero FIR existed only as an administrative practice and a judicial principle, without a clear place in the statute book. This changed with the BNSS.
Statutory Basis Under BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024. The provision dealing with registration of FIR, which was earlier Section 154 of the CrPC, is now Section 173 of the BNSS.
Section 173(1) of the BNSS uses the phrase, 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 to an officer in charge of a police station. This one phrase, irrespective of the area where the offence is committed, is what gives Zero FIR a clear statutory foundation for the first time.
This means that Zero FIR is no longer just a practice built on advisories and case law. It is now backed directly by the language of Section 173 itself, even though the exact term Zero FIR does not appear anywhere in the text of the Sanhita.
When Can You File a Zero FIR
A Zero FIR can be filed in the following situations.
• When the offence has taken place outside the territorial jurisdiction of the police station being approached
• When there is urgency and immediate medical or legal intervention is needed, such as in cases of rape, acid attack, or serious accidents
• When the victim is travelling and the exact police station of the area cannot be identified quickly, such as offences on a train or highway
• When delay in registration could allow the accused to destroy evidence or escape
It is important to remember that Zero FIR is available only for cognizable offences. For non cognizable offences, the police cannot start investigation without permission of a Magistrate, so the logic of Zero FIR does not apply there.
How to File a Zero FIR Step by Step
The procedure for filing a Zero FIR under BNSS follows these steps.
• The complainant approaches any police station, even if it does not have jurisdiction over the place of the offence
• The information is given orally or through electronic communication under Section 173(1)
• If given orally, the police officer reduces it to writing, reads it back to the informant, and takes the informant's signature
• If given electronically, it must be signed by the informant within three days for the FIR to be treated as duly registered
• The police station records the complaint and assigns it the number zero instead of a regular sequential FIR number
• A free copy of the recorded information is given to the informant or the victim immediately, as required under Section 173(2)
• The Zero FIR is then transferred to the police station having territorial jurisdiction over the place where the offence occurred
• The receiving police station re-registers the complaint as a regular FIR and assigns it a normal serial number
Preliminary Enquiry Under Section 173(3)
A new feature that Judiciary aspirants must remember carefully is the preliminary enquiry mechanism introduced under Section 173(3) of the BNSS. This provision applies to offences that are punishable with imprisonment of three years or more but less than seven years.
For such offences, the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, may either proceed straight to investigation if a prima facie case exists, or conduct a preliminary enquiry within fourteen days to check whether a prima facie case is made out at all. This is different from the position in Lalita Kumari, where preliminary enquiry was meant only to check whether the information discloses a cognizable offence, not to test a prima facie case. This distinction is a favourite area for Mains answer writing.
What Happens After the Zero FIR Is Filed
Once a Zero FIR is recorded, several things happen in sequence.
• The recording police station may take urgent steps such as arranging medical examination in cases like rape, if immediate action is required
• The complaint along with all relevant papers is transferred to the jurisdictional police station
• The jurisdictional police station re-registers the complaint as a regular FIR, this time with its own sequential number
• A Station House Officer assigns the case to an investigating officer, who proceeds with investigation according to standard BNSS procedure
• The complainant should keep receiving updates on the progress of the investigation
This system ensures that no time is lost simply because the complaint was made at the wrong police station.
If you're preparing for judiciary exams, Victims' Rights under BNSS 2023 is an important topic that explains the rights and remedies available to victims during criminal proceedings.
Special Protection for Vulnerable Victims
The BNSS also strengthens protections for vulnerable complainants under Section 173. When information is given by a woman regarding certain serious offences against her, such as sexual offences, her statement must be recorded by a woman police officer. Similarly, when the informant is mentally or physically disabled, the information must be recorded at their residence or a convenient place, with an interpreter or special educator if needed, and the process must be videographed. This shows that the Zero FIR framework is woven together with victim friendly safeguards, a point worth mentioning in Mains answers.
Remedy If Police Refuse to Register a Zero FIR
Sometimes a police officer may wrongly refuse to record a Zero FIR, often citing jurisdiction as an excuse, even though the law does not permit this refusal. In such situations, the complainant has clear remedies.
• The complainant can send the substance of the information in writing, by post, to the Superintendent of Police
• If the Superintendent is satisfied that a cognizable offence is disclosed, he can investigate the matter himself or direct a subordinate officer to do so
• Under Section 175 of the BNSS, an application can also be made before the concerned Magistrate for a direction to register the FIR and for a proper investigation
• An officer who wrongly refuses to register a Zero FIR can also face departmental action for dereliction of duty
Case Law Section
Case Name: Lalita Kumari v. Government of Uttar Pradesh
Citation: (2014) 2 SCC 1, Constitution Bench, Supreme Court of India.
Facts
A father sought recovery of his minor daughter who had been kidnapped. The local police did not register an FIR immediately and only conducted preliminary verification, causing delay. This raised a larger question about whether police have any discretion in registering an FIR for a cognizable offence.
Issue Before the Court
Whether registration of an FIR is mandatory under Section 154 of the CrPC once information discloses a cognizable offence, or whether the police have discretion to conduct a preliminary enquiry before registration.
Court's Decision
A five judge Constitution Bench held that registration of an FIR is mandatory if the information discloses commission of a cognizable offence, and no preliminary enquiry is permissible in such cases. The Court, however, carved out a limited category of situations, such as matrimonial disputes, commercial offences, medical negligence cases, corruption cases, and cases with abnormal delay, where a preliminary enquiry may be conducted only to ascertain whether a cognizable offence is disclosed, not to test its truthfulness. Such enquiry must be completed within a limited time frame, normally within seven to fifteen days.
Important Observations
The Court explained that the word shall used in Section 154 of the CrPC leaves no discretion to the police officer, and prompt registration protects the interests of both the victim and the accused by preventing manipulation of records. The Court also recognised the practical difficulties behind jurisdictional refusal and reinforced the underlying spirit that eventually strengthened statutory recognition of Zero FIR.
Why the Case Is Important
As explained by Nitesh Choubey Sir during Judiciary Preparation sessions at Aashayein Judiciary, Lalita Kumari remains the foundation for understanding mandatory registration of FIR, and every discussion on Zero FIR under the BNSS must be connected back to this judgment for a complete Mains answer.
Additional Case Reference
State of Andhra Pradesh v. Punati Ramulu and Others, 1993 Supp (3) SCC 439
The Supreme Court held that a police officer cannot refuse to record information about a cognizable offence merely because it appears to have occurred outside his territorial limits. He must record it and transmit it to the police station having jurisdiction. This principle, laid down long before the BNSS existed, is often cited as the earliest judicial seed of the Zero FIR mechanism.
Exam Relevance
Prelims POV
• Section 173(1) of the BNSS and the phrase irrespective of the area where the offence is committed
• Section 173(2) dealing with the free copy given to the informant or victim
• Section 173(3) dealing with preliminary enquiry for offences punishable between three and seven years
• Comparison with the old Section 154 of the CrPC, which had no express Zero FIR provision
• Remedies under Section 175 of the BNSS if police refuse to register a complaint
• PYQ style questions often present a fact situation and ask whether the police station was right or wrong in refusing to record the complaint
Mains POV
For Mains answer writing, begin with the meaning of Zero FIR, move to its judicial origin through Punati Ramulu and the 2015 Ministry of Home Affairs advisory, and then explain how Section 173 of the BNSS gives it statutory backing. Linking this with Lalita Kumari on mandatory registration of FIR shows strong integration of criminal procedure and constitutional reasoning.
Interview POV
Interview panels often ask why Zero FIR was necessary when regular FIR provisions already existed. A good answer explains that jurisdictional rigidity often caused dangerous delay in urgent cases, and Zero FIR removes this barrier so that recording a complaint is never denied on account of geography.
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Frequently Asked Questions
1. What is a Zero FIR?
A Zero FIR is a First Information Report that can be registered at any police station for a cognizable offence, regardless of where the offence took place. It is later transferred to the police station having proper jurisdiction.
2. Which provision governs Zero FIR under the new criminal law?
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs registration of FIR, including the concept of Zero FIR, and has replaced Section 154 of the old Code of Criminal Procedure, 1973.
3. Can Zero FIR be filed for any type of offence?
No. Zero FIR can be filed only for cognizable offences. Non cognizable offences require prior permission of a Magistrate before investigation can begin.
4. What can a person do if the police refuse to register a Zero FIR?
The person can approach the Superintendent of Police in writing, or move an application before the concerned Magistrate under Section 175 of the BNSS seeking a direction for registration and investigation.
5. Does a Zero FIR get a permanent number?
No. A Zero FIR is recorded with the number zero at the first police station. Once it is transferred, the police station having jurisdiction re-registers it as a regular FIR with its own sequential number.
Conclusion
Zero FIR is a good example of how practical difficulties faced by ordinary citizens eventually shape the law. What began as an administrative response to jurisdictional rigidity, and was later reinforced by courts, now stands firmly written into Section 173 of the BNSS. For Judiciary aspirants, this topic is a small investment with a big return, since it touches Prelims, Mains and Interview all at once.
Aashayein Judiciary continues to provide updated Judiciary Notes and Judiciary Study Material on such practical criminal procedure topics to help aspirants stay exam ready. According to the teaching approach followed at Aashayein Judiciary, connecting the old law with the new law, rather than studying the BNSS in isolation, is what truly builds a lasting understanding for the Civil Judge Exam and the PCS J Exam.