In a significant overhaul of India's criminal justice system, the Bharatiya Nagarik Suraksha Sanhita (BNSS)-2023 has replaced the Criminal Procedure Code (CrPC) of 1973. Among the many updates, one notable change is the registration of a cognizable offence, now provided under Section 173 of BNSS instead of Section 154 of CrPC. This new framework introduces a streamlined process for handling Zero FIRs, ensuring that justice is more accessible and efficient. Here’s an outline of the procedural steps for submitting and processing Zero FIRs under the BNSS.
1. Lodging a Zero FIR under BNSS
Step 1: Complaint Submission
A complainant can approach any police station, regardless of territorial jurisdiction, to file a complaint about a cognizable offence (Section 173(1) BNSS).
Step 2: Recording the Complaint
Upon receiving information about a cognizable offence outside the station's jurisdiction, the Station House Officer (SHO) or the duty officer records the complaint in the Zero FIR register. This is known as registering a Zero FIR or ‘O’ FIR under relevant sections of law.
Section 173(1) BNSS Provisions:
- Information regarding a cognizable offence can be given orally or by electronic communication.
- If given orally, it must be written down and read back to the informant for verification and signature.
- If given electronically, it must be signed by the informant within three days and entered into the official records.
Special Provisions:
- For offences against women (sections 64-71, 74-79, 124 BNSS), a female officer must record the information.
- For offences against persons with disabilities, information should be recorded at the victim's residence or a convenient location, in the presence of an interpreter or special educator, and the process should be videographed. The statement must then be recorded by a Judicial Magistrate promptly.
2. Preliminary Enquiry
Section 173(3) BNSS Provisions:
Upon receiving information about a cognizable offence punishable with imprisonment between three to seven years, the officer-in-charge, with prior permission from a Deputy Superintendent of Police, may:
- Conduct a preliminary enquiry within 14 days to determine if there is a prima facie case.
- Proceed with the investigation if a prima facie case exists.
3. Registration and Copy to the Complainant
Step 3: Zero FIR Registration
Once the requirements under Section 173 BNSS are fulfilled, the officer registers the Zero FIR, prefixed with "Zero" to denote its nature. A copy of the FIR is provided to the informant or victim free of charge (Section 173(2) BNSS). If necessary, initial investigations (e.g., medical examination of a rape victim) may be conducted by the same police station.
4. Transfer of Zero FIR
Step 4: Forwarding the Zero FIR
The officer forwards the Zero FIR to the police station with jurisdiction over the location of the incident.
Step 5: Receiving and Reregistering
The concerned police station receives the Zero FIR and reregisters it as a regular FIR in their records.
Step 6: Assignment for Investigation
The SHO assigns the FIR to an investigating officer for further action.
5. Investigation
Step 7: Proceeding with Investigation
The investigating officer proceeds with the investigation according to standard procedures under BNSS.
Step 8: Regular Updates
The complainant is provided with regular updates on the progress of the investigation.
Conclusion
The BNSS-2023 introduces a more structured and inclusive approach to handling cognizable offences, especially through the use of Zero FIRs. By allowing complaints to be filed at any police station regardless of jurisdiction and ensuring special provisions for vulnerable groups, the BNSS aims to make the justice system more accessible and responsive to the needs of all citizens. This procedural shift marks a significant step towards a more streamlined and effective criminal justice system in India.
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