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Criminal Law / BNSS 2023 - Zero FIR — UPSC Mains Model Answer

Polity · UPSC CSE
Question: Zero FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 — significance, provisions, and governance implications

Introduction

The Zero FIR mechanism, now codified under the BNSS 2023, addresses a critical access-to-justice gap by allowing any police station to register a cognizable offence complaint regardless of territorial jurisdiction.

Body

1. Core Provision: Jurisdictional Flexibility

Under BNSS 2023, a Zero FIR can be lodged at any police station irrespective of where the offence occurred. The receiving station assigns a temporary zero number and transfers the FIR to the jurisdictionally competent station. This prevents the earlier practice of police refusing to register complaints citing territorial limits, which often caused critical delays in serious crimes like sexual assault or trafficking.

2. Preliminary Enquiry — Scope and Limits

BNSS provisions permit a preliminary enquiry only for certain categories of offences carrying longer imprisonment thresholds, and only with prior permission from a competent authority. The officer-in-charge of the Zero FIR-receiving station does not independently initiate investigation; the substantive inquiry rests with the jurisdictionally correct station after transfer.

3. Electronic Reporting — Optional, Not Mandatory

BNSS 2023 enables electronic registration of FIRs, expanding access for complainants. However, furnishing information electronically is a facilitative option, not an obligation. An informant retains the right to report in person, ensuring the mechanism remains inclusive for those without digital access.

4. Governance Significance

Zero FIR operationalises the constitutional guarantee of equal protection by removing procedural barriers to justice. Its effectiveness depends on inter-station coordination protocols, time-bound transfer mandates, and accountability mechanisms to prevent misuse or deliberate delays in transfer.

Conclusion

Zero FIR strengthens citizen-centric policing by decoupling complaint registration from jurisdictional constraints. Realising its intent requires robust inter-station coordination, digital infrastructure, and supervisory oversight to prevent procedural delays from undermining substantive justice.

Word count: 250

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Related PYQs on Criminal Law / BNSS 2023 - Zero FIR

PYQ
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, within how many days must the Officer-in-Charge of a police station transfer a Zero FIR to the police station having territorial jurisdiction over the offence?
PYQ
A cognizable offence is committed in Delhi but the victim is in Mumbai and approaches a Mumbai police station. Under BNSS 2023, which of the following sequences correctly describes what should happen?
PYQ
Under BNSS 2023, which of the following correctly describes the FIR number assigned to a Zero FIR and the process after it is transferred?
PYQ
Consider the following statements about Zero FIR under BNSS 2023 in comparison with the Electronic FIR (e-FIR) also introduced in the same legislation: 1. A Zero FIR specifically addresses the problem of territorial jurisdiction, whereas an e-FIR addresses the problem of physical accessibility to a police station. 2. Both Zero FIR and e-FIR under BNSS 2023 are restricted only to offences against women. 3. An e-FIR under BNSS 2023 must be signed by the complainant within three days of its electronic submission. Which of the statements given above is/are correct?
PYQ
Which of the following correctly describes the legal provision under which Zero FIR is formally incorporated in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023?

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