Recently, the concept of Zero First Information Report (FIR) has gained attention in the wake of violent incidents and crime in Manipur. The Zero FIR provision allows any police station, regardless of jurisdiction, to register a complaint when it receives information about a cognizable offence. Unlike regular FIRs, no specific FIR number is given at this stage. Post-registration, the relevant police station registers a fresh FIR and kickstarts the investigation.
The introduction of Zero FIR aims to facilitate victims of grave crimes, predominantly women and children, to lodge complaints swiftly and easily, without the need for engaging with multiple police stations. This process ensures that evidence and witnesses, pivotal to the case, are not lost or tampered due to delays in reporting the crime. Subsequent to registration, the Zero FIR is transferred to the appropriate police station where the crime was committed for proper investigation.
Legal Basis of Zero FIR
The idea of Zero FIR emerged following recommendations from the Justice Verma Committee set up after the infamous 2012 Nirbhaya gangrape case. Its legitimacy stems from various Supreme Court and High Court judgements. For example, in Lalita Kumari vs Govt. of UP (2014), the Supreme Court maintained that registration of an FIR is mandatory if information discloses a cognizable offence’s commission. Further, in Satvinder Kaur vs State (1999), the Delhi High Court ruled that a woman holds the right to lodge her complaint from anywhere, irrespective of where the incident took place.
What is a First Information Report?
A First Information Report (FIR) is a written document prepared by the police upon receiving substantial information about a cognizable offence. It serves as the initial step towards the investigation process, acting as a trigger for police probe and further actions.
The Procedure of FIR Registration for Cognizable Offences
Section 154(1) of the Criminal Procedure Code (CrPC) permits the police to register an FIR for cognizable offences. Failure to register an FIR is punishable under Section 166A, inserted into the Indian Penal Code (IPC) based on the recommendation of Justice JS Verma committee. This includes imprisonment of up to two years and a fine.
Understanding Cognizable and Non-Cognizable Offences
Cognizable offences are serious or heinous in nature, such as murder, rape, or theft, requiring immediate arrest. In these cases, an officer can take cognizance of and apprehend a suspect without a court’s warrant if she has “reason to believe” that the person committed the offence. Within 24 hours of the arrest, the officer must get the detention ratified by a judicial magistrate. The FIR is registered only for cognizable crimes.
On the other hand, in non-cognizable offences like forgery or public nuisance, the police cannot arrest the accused without a warrant or start an investigation without court permission.
Previous Year Question on Judicial Custody from UPSC Civil Services Examination
The question presented here is from the 2021 edition of the India Civil Services Examination. The query focuses on the meaning of judicial custody, wherein an accused is in the custody of the concerned Magistrate and lodged in jail. During this custody, the police officer in charge of the case may question the suspect but only with prior permission from the magistrate. Incorrect statement would lead to the conclusion that an accused in judicial custody is locked up in a police station, which is not valid. The officer must submit the accused to the court within 24 hours during police custody. Accordingly, statement 2 is correct, marking option (b) as the right answer.
Last Modified: February 22, 2024