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

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 awayThough 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 lsquoskyrocketrsquo 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 committedA senior officer of the Mumbai police said ldquoThe 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 dutybound 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 lawrdquolsquoSheer exploitationrsquoA senior lawyer Dr Sujay Kantawala said ldquoA 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 nonbailable offencesrdquoThe Bhoiwada police station in central Mumbai File PicExplaining further a criminal lawyer advocate Harish Gaur said ldquoSuppose 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 placerdquoMaharashtrarsquos 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 ldquoThe complainant 63 informed the patrolling staff who got the complainantrsquos version reduced into writing and sent it to usrdquo said an officer attached to Bhusawal GRPldquoAfter 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 Nashikrsquos jurisdictionrdquo the officer addedlsquoAllegations must be verifiedrsquoThe transition period to learn the new set of criminal laws is very challenging for one and all The provision of lsquoZero FIRrsquo 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 1731 of BNSSThe 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 ldquoThe 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 PradeshrdquoldquoSo 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 ofrdquo underlined the officer requesting anonymity However the lawyers believe that lsquothis is the beauty of lawrsquo According to Section 173 1 ldquoEvery 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 stationrdquoDr Kantawalarsquos issues with the provisiongtgt 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 transfergtgt Potential delays The transfer of a Zero FIR to the correct jurisdiction might introduce delays especially as coordination between police stations is inefficientgtgt Jurisdictional confusion Exploiters will choose a jurisdiction convenient for them or inconvenient for the opposite party Corruption could skyrocketgtgt Resource constraints Police stations often lack the mindset resources or infra to handle an influx of Zero FIRsgtgt Accountability Issues The initial receiving station might not be directly involved in the investigation leading to potential lapses in tracking the progress of the casegtgt Misuse Individuals might file Zero FIRs in different jurisdictions to harass and exploitgtgt 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 jurisdictionrdquo he added