AMITY LAW SCHOOL

CRIMINAL PROCEDURE ASSIGNMENT WORK

TOPIC :“ What relevance does ’Zero FIR’ have?”

Submitted by- Submitted to-

Mr.Akshat jaiswal. Ms. Gargi Singh
B.ALLB(H) Semster 5 th
Section-B
Enroll-A8111118016
THE CONCEPT
The provision of F.I.R is mentioned in the Sec 154 of the Code of Criminal Procedure. It is the
first information in point of time regarding the commission ofa cognizable offense that is given
to the police and is recorded as the provisions of S.1 54.
Initially. F.LR can be registered in the police station that has jurisdiction over the place where
the offence has allegedly been committed. The jurisdiction of courts and alternative venues of
the trial that have already been discussed are also relevant here because the jurisdiction of
police stations is determined accordingly. Various police stations may fall within the territorial
jurisdiction of a particular Magistrate's Court. The officer-in-charge of a police station can
investigate a cognizable case if the Court within whose local jurisdiction that police station lies
has the jurisdiction to try that case.
The concept of zero F.I.R is that the F.LR can be filed at any police station regardless of the
place of incidence and jurisdiction. If the person filing the F.L.R is not sure of the jurisdiction of
the police station and by some reason cannot file the F.LR at the conceded station, he can file it
at the nearest police station.
However, policemen by and large deny knowing about provisions of "Zero F.1.R" and direct the
complainant to Police Station having jurisdiction but Clause (e) of Section 460 of the CrPC says
that if any Magistrate not empowered by laws to call for cognizance of an offence positioned in
section 190 (a) or (b) erroneously but in good faith does take cognizance, the proceeding
minutes will not be set aside merely on the grounds of not being empowered for same. If at the
time of initiation of F.I.R, it looks evident that the crime was committed outside the jurisdiction
of the concerned police station, then the police must be appropriately ordered to register a
Zero F.I.R. and ensure that the F.ILR is transferred to the jurisdictional police station. If there is
a failure in compiling with the instruction of F.I.R registration on acknowledgement of
information about the offence, it will invite prosecution of the police officer under section 166A
which provides a rigorous imprisonment of six months be extended to two years. This evasion
of responsibility may invite the departmental action for the police officer.

In the case of (Sanvinder Kaur vs State (government of NCT Delhi ).The complainant had
appealed in the Supreme Court against the order of the High Court, where the High Court had
quashed the FIR filed at Delhi Police Station by the complainant. The Supreme Court held that,
Police can investigate the case, which does not fall under their jurisdiction. In the case o(Bimla
Rawal and Ors v State NCT of Delhi and Anr), FIR was lodged in Delhi, despite the fact that all
incidents occurred in Mumbai. Writ Petition was filed in Supreme Court regarding the mala fide
intentions of police succumbing under the pressure of opposite party. Supreme Court quashed
the FIR filed at Delhi and ordered to file a fresh FIR in Mumbai. In this case the police misused
the power of filing a Zero FIR at the behest of the opposite party.

THE NEED OF ZERO FIR

Incidents like accident, murder, and rape require immediate action from the conceded
authorities and rush to take samples, getting information from eye witnesses and getting
circumstantial details. A zero F.I.R. helps to take immediate actions regardless of the territory
where the crime or offence has taken place.

CONCLUSION
The Zero F.LR. looks like a great concept in seeking a way to ameliorate criminal justice in a
preliminary stage and deciding on the gulp of truth. But s requires the third eye to monitor the
procedure. For such purpose, a better option is if a committee simultaneously supervising the
process that will include at least an ordinary citizen and scrutinizing the whole FIR instituting
process is instituted. It is believed if you have to control a system you have to be inside the
system because if you are outside, the concept of privity comes into the scene.