About MHA instruction on ZERO FIR: UPSC Current Affairs

ZERO FIR

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Context:

The Union Ministry of Home Affairs has released guidelines to Union Territories to ensure that “zero FIR” registered in the local language must carry a translated copy in English when forwarded to another state.

About Zero FIR

A zero FIR can be filed at any police station irrespective of the place and jurisdiction where the crime takes place.
As per the criminal justice system, FIR is a first step and police start an investigation based on the contents given in this.
- - Normally an FIR will have to be registered in a police station under whose jurisdiction the place of crime comes.
  - However, in serious cognizable offences like rape, murder, etc, Zero FIR can be registered in any police station regardless of jurisdiction to avoid time loss.
It ensures that victims or witnesses can report crimes to any Police Station with ease, without facing any jurisdiction challenges.
Once a zero FIR is registered, then it is transferred to the appropriate police station (under whose Jurisdiction the crime happened) for investigation.
It was introduced on the recommendations of the Justice Verma Committee (2013).

Zero FIR v/s Regular FIR

●The process of registering a Zero FIR is similar to a regular FIR.

●In the case of Zero FIR, the police station which registered the case will number the FIR as 0.

●When the case is transferred to the authorized jurisdiction, then the police station will provide a number to the case, just like a normal FIR.

New guidelines of the Ministry of Home Affairs

The ministry in its guidelines stated that an English-translated copy of Zero FIR must be attached while forwarding the FIR to another Police Station.
The guidelines ensure that the efficiency of the Investigation process must not be hampered due to the language barrier.
A translated copy of Zero FIR in English will avoid the chance of misunderstanding or confusion that may arise due to the language barrier.
- - The accuracy of the document is important for ensuring that the legal process functions fairly and transparently.

Type of F.I.R.

●General FIR: It is the most common type of FIR, filed for crimes like theft, assault, and vandalism that require police investigation.

●Zero FIR: It is a special type that can be filed at any police station, regardless of the crime's location, especially in urgent cases like rape or murder.

●Cross FIR: A Cross FIR filed when two parties involved in the same incident file complaints against each other

●Multiple FIR: It can be filed for the same crime.

The Supreme Court of India has ruled that filing multiple FIRs can confuse investigations and delay justice.
To avoid confusion, separate FIRs may be consolidated into one during a public protest.

●False FIR: They are filed with malicious intent, often to harm someone's reputation or create legal trouble.

●Second FIR: Courts can order to file a second FIR if the first was dismissed without proper investigation or new evidence comes to light, but not if the first was dismissed on solid grounds.

Source:

Indian Express

PinkLegal

PRACTICE QUESTION

Q. Consider the following statements in the context of the Zero First Information Report (FIR):

1. It can be lodged at any police station, regardless of jurisdiction.

2. It was introduced after the recommendations of the Justice Verma Committee.

3. It is always given a serial number at the time of filing, like a general F.I.R.

4. It must be transferred to the police station with jurisdiction over the case for further investigation.

How many of the above statements are correct?

A) Only one

B) Only two

C) Only three

D) All four

Answer: C

Explanation:

Statement 1 is correct:

A Zero First Information Report (FIR) allows individuals to file a First Information Report at any police station, regardless of where the incident occurred, mostly in emergencies where the victim is unable to reach the jurisdictional station. This flexibility eliminates reporting delays due to jurisdictional barriers.

Statement 2 is correct:

Following the 2012 Nirbhaya gang rape case, the Justice Verma Committee recommended zero FIRs in its report. The committee proposed changes to sexual offence laws as well as improvements in crime reporting and investigation, including Zero FIR, to remove jurisdictional delays.

Statement 3 is incorrect:

Zero FIR is a type of criminal investigation in which the number '0' is assigned at the time of filing, as opposed to conventional FIRs, which are assigned a serial number based on the order filed. Once transmitted to the relevant police station, the FIR is given a valid serial number for further investigation.

Statement 4 is correct:

A police station files a Zero FIR, which is then sent to the proper jurisdiction so that an investigation can begin immediately. Failure to comply may result in disciplinary action or liability under Section 166A of the Indian Penal Code (IPC), which deals with public workers who violate the law with the intent to inflict injury.