Zero FIR Removes Territorial Barriers to Reporting Sexual Violence

Zero FIR is considered an important provision in India's criminal justice system as it allows victims to register complaints at any police station, irrespective of where the offence occurred. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a woman can approach the nearest police station to register an FIR without being restricted by territorial jurisdiction.

The provision was recommended by the Justice Verma Committee in 2013, following the December 2012 Nirbhaya gangrape case. The committee emphasised the need to make reporting sexual violence easier and ensure timely police action.

The Ministry of Home Affairs has also issued several advisories directing police stations to register FIRs irrespective of territorial jurisdiction. Refusal to register such complaints can invite prosecution and disciplinary action against the concerned police officers.

Transfer of Cases Continues to Create Difficulties for Survivors

Despite its progressive intent, the implementation of Zero FIR continues to face challenges. Once a Zero FIR is registered, the complaint is transferred to the police station having jurisdiction over the area where the alleged offence occurred. Consequently, victims may have to travel to another location for subsequent investigation and legal procedures.

This process can create additional financial, emotional and logistical difficulties, particularly for survivors of sexual violence and their families.

A Zero FIR is initially registered without a regular FIR number. The concerned police station subsequently registers a regular FIR and initiates the investigation.

Experts argue that the benefits of Zero FIR should extend beyond the initial registration of complaints. Police procedures, investigation-related requirements and victim support services should also be made accessible near the survivor's residence to ensure a more sensitive and survivor-friendly criminal justice system.