Mumbai: Legal experts red-flag potential misuse of Zero FIR provision in BNSS

Gamdevi police station in south Mumbai

The registration of a first information report (FIR) irrespective of territorial jurisdiction via a Zero FIR, which was defined in a May 2013 government resolution (GR), has been covered in the new Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Now, a complainant can register a Zero FIR anywhere for any offence and the cops cannot turn them away.

Though the cases are likely to be increased with the provision of this Zero FIR, legal experts believe that it will also seed the ground for corruption, which will likely ‘skyrocket'. According to Section 173 (1) of the BNSS, an FIR can be registered at any police station irrespective of the area, where the offence is committed.

A senior officer of the Mumbai police said, "The Zero FIR is not a new concept, but it has now become a law. Previously, it was just a GR issued by the Union government. The police used to register FIRs in serious cognisable offences and transfer them to the police station concerned. Now that it is a law, officers are duty-bound to register FIRs whenever they receive information about cognisable offences, irrespective of their jurisdiction. Any delay or denial in registering the FIR can put the concerned officer in trouble as per the law."

‘Sheer exploitation'

A senior lawyer Dr Sujay Kantawala said, "A very important provision to aid the genuine victim will result in sheer exploitation. Small towns and villages will now become beacons of hope for persons who want to exploit and extort money in conspiracy with local cops. The accused will have to rush to an alien jurisdiction and fight for his liberty. The tendency for misuse was rampant in matrimonial cases which had subsided after judicial intervention but now there will be a resurgence of many false cases under non-bailable offences."

The Bhoiwada police station in central Mumbai. File Pic

Explaining further, a criminal lawyer advocate Harish Gaur said, "Suppose a theft case took place in your hometown in Uttar Pradesh but you are in Vasai. After learning about the theft case, you can go to any nearest police station and register a Zero FIR which will be sent to the local police station in Uttar Pradesh where the alleged crime has taken place."

Maharashtra's first Zero FIR was registered by the Government Railway Police (GRP), Bhusawal on July 1 after a senior citizen passenger travelling from LTT to Chhattisgarh reported the loss of his wallet during the journey. "The complainant, 63, informed the patrolling staff, who got the complainant's version reduced into writing and sent it to us," said an officer attached to Bhusawal GRP.

"After receiving the written complaint from the victim, we registered an FIR under Section 303 (2) of Bharatiya Nyaya Sanhita, 2023 and sent it to Nashik, GRP as the offence took place when the train was crossing their (Nashik's) jurisdiction," the officer added.

‘Allegations must be verified'

The transition period to learn the new set of criminal laws is very challenging for one and all. The provision of ‘Zero FIR' with the new law has both advantages and disadvantages. During the era of the Indian Penal Code and Code of Criminal Procedure, cops were not bound to register Zero FIRs except for the GR, which was used only in registering serious offences mainly crimes against women. But the new provision of BNSS makes registration of FIR mandatory if a complainant approaches any police station as the GR has been converted into law under 173(1) of BNSS.

The police officials fear that such provisions will be misused in case of cheating and other offences in which there is a limited scope to check the veracity of allegation. A senior officer in Mira Bhayandar Vasai Virar (MBVV) police said, "The chances of the misuse of the provision of Zero FIR cannot be ruled out as an officer registering the Zero FIR is not aware if the crime has actually taken place at a house in, say, Uttar Pradesh."

"So, without checking the veracity of the allegation, it will be dangerous to register a Zero FIR. I assume that this provision will be misused more than a genuine victim taking its advantage of," underlined the officer, requesting anonymity. However, the lawyers believe that ‘this is the beauty of law'. According to Section 173 (1), "Every information relating to the commission of a cognisable offence, irrespective of the area where the alleged offence is committed, may be given orally or by electronic communication to an officer in charge of a police station."

Dr Kantawala's issues with the provision

>> Huge administrative burden: The receiving police station may face increased administrative burden as it has to register the Zero FIR and then ensure its prompt transfer.

>> Potential delays: The transfer of a Zero FIR to the correct jurisdiction might introduce delays, especially as coordination between police stations is inefficient.

>> Jurisdictional confusion: Exploiters will choose a jurisdiction convenient for them or inconvenient for the opposite party. Corruption could skyrocket.

>> Resource constraints: Police stations often lack the mindset, resources or infra to handle an influx of Zero FIRs.

>> Accountability Issues: The initial receiving station might not be directly involved in the investigation, leading to potential lapses in tracking the progress of the case.

>> Misuse: Individuals might file Zero FIRs in different jurisdictions to harass and exploit.

>> A syndicate or a racket can easily be run because of getting a right to lodge an FIR in any police station irrespective of its jurisdiction," he added.