Zero FIR Under BNSS 2023: Section 173 Explained

A Zero FIR is a First Information Report registered by a police station for a cognizable offence even when the offence has not been committed within its territorial jurisdiction. The “zero” in the name refers to the absence of a regular serial number at the registering station — the FIR is later transferred to the police station that has territorial jurisdiction, where it receives a proper number.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024 — the Zero FIR mechanism is given statutory recognition through Section 173. The provision also recognises information given by electronic means, modernising what for decades had operated only as an administrative practice via Standing Orders and Supreme Court directions.

• Provision: Zero FIR — an FIR for a cognizable offence registered by any police station regardless of where the offence occurred
• Statute: Section 173, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replaced the CrPC, 1973 framework w.e.f. 1 July 2024)
• Applies to: Cognizable offences only
• After registration: Transferred to the police station with territorial jurisdiction, which assigns a regular FIR number and investigates
• Key safeguards: Free copy of the FIR to the informant [Section 173(2)]; written appeal to the Superintendent of Police on refusal [Section 173(4)]

Zero FIR: The Concept

In ordinary terms, an FIR is registered at the police station where the offence occurs. But many situations — sexual offences, road accidents, robberies in transit, offences against migrants and women — require a victim to lodge a complaint where the victim happens to be, rather than where the offence occurred. Refusing to register on jurisdictional grounds delays investigation, lets evidence dissipate, and discourages complainants.

A Zero FIR removes this hurdle. Any police station, anywhere in the country, must register an FIR for a cognizable offence brought to it, irrespective of jurisdiction. The FIR is then transferred to the police station with jurisdiction for investigation.

Section 173 BNSS: The Statutory Framework

Section 173 of the BNSS deals with information in cognizable cases. Two features modernise the position significantly:

Registration regardless of jurisdiction

Section 173 makes clear that information about a cognizable offence may be given to any police officer in-charge of a police station, irrespective of the area where the offence is committed. The officer is bound to register the information. This converts the long-standing administrative practice of Zero FIR into a statutory mandate.

Electronic information

Section 173(1) explicitly recognises that information may be given by electronic communication. When information is given by electronic communication, it must be taken on record by the officer in-charge of a police station on being signed within three days by the person giving the information. This brings the FIR process into the digital age and addresses the reality that complainants frequently file by email, online portals, and apps.

Preliminary inquiry — limited cases

Section 173(3) allows the officer in-charge, in cases of cognizable offences punishable with imprisonment of three years or more but less than seven years, to conduct a preliminary inquiry to ascertain whether a prima facie case exists, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, within 14 days. This is a refinement of the Lalita Kumari judgement framework. For offences punishable with seven years or more, registration is mandatory and an inquiry cannot be substituted.

How a Zero FIR Works in Practice

When a complainant approaches a police station with information about a cognizable offence committed elsewhere, the officer in-charge:

• Records the information as an FIR without insisting on jurisdiction
• Assigns it a “zero” serial number locally to indicate that the station will not investigate
• Takes immediate steps that are urgent and feasible — securing evidence, sending the victim for medical examination in sexual offences, recording witness statements available locally
• Transfers the FIR to the police station with territorial jurisdiction, which then assigns a regular FIR number and proceeds with investigation

For sexual offences, particularly under the BNS provisions on rape and sexual assault, recording of the complainant’s statement by a woman officer and timely medical examination remain critical, and the Zero FIR mechanism ensures these are not delayed by jurisdictional disputes.

Conditions and Requirements

Cognizable offences only

The Zero FIR provision applies to cognizable offences — those in which a police officer can arrest without warrant and start investigation without an order from a Magistrate. For non-cognizable offences, the procedure is different and generally requires Magistrate’s permission to investigate.

Free copy to informant

Under Section 173(2) of the BNSS, a copy of the information recorded must be given free of cost to the informant. This was the position under the CrPC as well and continues unchanged.

Right to approach the Superintendent of Police

If a police station refuses to register an FIR, the informant has the right to approach the Superintendent of Police in writing under Section 173(4) of the BNSS, who can direct registration and investigation if a cognizable offence is disclosed.

Why the BNSS Provision Matters

Earlier, Zero FIR existed as a Supreme Court-mandated practice and Standing Order discipline, not as a statutory right. The BNSS does three things that the CrPC framework did not:

• Recognises Zero FIR as a statutory entitlement, not just an administrative practice
• Recognises electronic information as a valid mode of giving information
• Refines the preliminary-inquiry framework, codifying parts of Lalita Kumari

These changes make the system more victim-friendly, more responsive to digital realities, and more accountable.

Common Misconceptions

Zero FIR is not an investigation by the registering station

The registering station does not normally investigate. It registers, takes immediate steps, and transfers. The actual investigation is by the station with jurisdiction.

Zero FIR does not require special permission

A Zero FIR does not require any permission to register. The duty to register is statutory. The complainant should not be turned away on the ground that the offence occurred elsewhere.

Zero FIR does not weaken jurisdictional rules

Trial jurisdiction remains with the appropriate court. The Zero FIR is purely an entry-point mechanism — it does not change which court tries the case or where investigation finally happens.

For broader context on the new criminal laws and constitutional safeguards, see Important Articles of Indian Constitution, Article 21 commentary, and fundamental rights and duties of India.

FAQs

What is a Zero FIR?

A Zero FIR is an FIR registered by a police station for a cognizable offence committed outside its territorial jurisdiction. It is later transferred to the police station with jurisdiction for investigation.

Which section of BNSS deals with Zero FIR?

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with information in cognizable cases, including registration regardless of jurisdiction and information given by electronic means.

Can a Zero FIR be filed for non-cognizable offences?

No. The Zero FIR mechanism applies only to cognizable offences — those for which the police can arrest without a warrant and investigate without a Magistrate’s order.

Is electronic information allowed for filing an FIR under BNSS?

Yes. Section 173(1) allows information to be given by electronic communication. The informant must sign the recorded information within three days.

What happens if a police station refuses to register a Zero FIR?

The informant can approach the Superintendent of Police in writing under Section 173(4). The SP, if satisfied that a cognizable offence is disclosed, can direct registration and investigation.

Does the registering station investigate the Zero FIR?

Normally no. The registering station takes immediate urgent steps and transfers the FIR to the station with territorial jurisdiction, which conducts the investigation.

Is a preliminary inquiry permitted before registration?

Section 173(3) permits a preliminary inquiry only for cognizable offences punishable with three to less than seven years imprisonment, with prior permission of an officer not below DSP, within 14 days. For seven-year-and-above offences, registration is mandatory.

Does the complainant get a copy of the Zero FIR?

Yes. Section 173(2) of the BNSS requires that a copy of the recorded information be given free of cost to the informant.