Home Ministry Issues SOP On Zero FIR And E-FIR Under BNSS

Modernizing India's Criminal Justice System: New SOPs for Zero FIR and e-FIR

 

In a groundbreaking effort to modernize India's criminal justice system, the Home Ministry has introduced a new set of Standard Operating Procedures (SOPs) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These SOPs aim to streamline the implementation of Zero First Information Report (Zero FIR) and electronic First Information Report (e-FIR), enhancing the accessibility, efficiency, and responsiveness of law enforcement in handling criminal complaints.

 

The shift towards Zero FIR and e-FIR represents a significant procedural change in how criminal complaints are managed in India. These reforms are part of the broader BNSS, which replaces the Criminal Procedure Code, 1973, with the goal of ensuring swift, accessible, and fair justice by leveraging technology and removing jurisdictional barriers.

 

Objectives

 

1. Streamlining FIR Registration: Making the process accessible to all citizens.

2. Timely Handling of Complaints: Ensuring efficient and prompt action on reported incidents.

3. Transparency and Accountability: Maintaining a clear and accountable system for FIR management.

 

Zero FIR

 

What is Zero FIR?

 

Zero FIR allows any police station, regardless of where the incident occurred, to register a FIR. This means victims can report crimes at any police station without jurisdictional limitations, ensuring immediate action.

 

Steps for Lodging a Zero FIR:

 

1. Approach Any Police Station: A complainant can report a crime at any police station.

2. Registration: The Station House Officer (SHO) or duty officer records the complaint in the Zero FIR register, irrespective of jurisdiction.

3. Preliminary Enquiry: For offences punishable by three to seven years of imprisonment, a preliminary enquiry may be conducted within 14 days to establish a prima facie case.

4. Transfer: The Zero FIR is forwarded to the police station with jurisdiction over the incident, where it is re-registered as a regular FIR.

5. Investigation: The assigned investigating officer proceeds with the investigation following standard procedures.

 

e-FIR

 

What is e-FIR?

 

The e-FIR system allows the public to register FIRs online through a designated portal or electronic communication, making it easier to report crimes without needing to visit a police station.

 

Steps for Lodging an e-FIR:

 

1. Initiation: The complainant logs into the official police e-FIR portal or sends the complaint via electronic communication.

2. Submission of Details: The complainant provides personal and incident details, along with any supporting documents.

3. Verification and Preliminary Enquiry: The e-FIR is forwarded to an investigation officer for initial verification. For certain offences, a preliminary enquiry is conducted within 14 days.

4. Registration: The e-FIR must be signed within three days to be officially recorded.

5. Assignment and Investigation: The SHO reviews and assigns the FIR to an investigating officer, who then conducts the investigation as per standard procedures.

 

Remedies for Non-Registration

 

If a police officer refuses to register a Zero FIR or e-FIR, the aggrieved person can seek recourse under sections 173(4) and 199 of BNSS. They can escalate the matter to the Superintendent of Police or apply to a Magistrate.

 

These new SOPs mark a transformative step towards making India's criminal justice system more accessible, efficient, and accountable, ensuring that justice is served promptly and fairly for all citizens.

 

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