Fir Is The First And Earliest Information Regarding The Occurrence Of An Offence Which Should Be Registered And Investigated By The Police Such As Kidnapping, Rape, Murder, Cheating, Robbery, Etc. Cognizable Offences Have Been Specified By The Indian Penal Code And It Is Mandated By The Criminal Procedure Code (CRPC) That The Police Should Register A Fir.
In Case An Offence Has Been Committed, The First Step Is To Register A Fir Which Is Essential For Starting The Administration Process. “Police Station Limit” Has Been Provided By The CRPC Which Provides For The Jurisdiction Of A Particular Police Station. Thus, The Police Officers Assigned To Such A Police Station Have The power to Investigate Only Those Offences Which Are Committed Within A Demarcated Area Surrounding The Police Station, Also Known As The Territorial Jurisdiction.
Various Instances Have Come To Light Where The Police Has Denied To Register Fir By Citing The Reason That The Offence Was Committed Outside the Jurisdiction Of The Police Station.
How To Lodge An Fir?
In Case An Aggrieved Person Approaches The Police Station To Have His Complaint Registered, The Police Officer In Charge Of That Police Station Should Do The Following-
- Listen to The Oral Complaint Of The Aggrieved.
- Determine If The Complaint Is Serious And If The Offence Is Cognizable
- Should Write Down The Complaint In The Exact Words Of The Aggrieved.
- In Case The Informant Is A Female, Then The Fir Should Be Registered By A Female Officer
- The Officer Should Read The Complaint Registered To The Complainant
- The Police Officer Should Ensure That The Details Entered Are Correct.
- The Signature Of The Informant/Complainant Should Be There In The Fir.
- The Content Of The Complaint Should Be Entered In The Book Maintained By The Police.
- A Copy Of The Fir Registered Should Be Given To The Complainant.
After A Fir Has Been Registered A Serial Number Is Assigned To It, After Which The Police Could Exercise Their Power To Immediately Take Proper Action Against The Wrongdoer, Thus Starting The Investigation.
Zero Fir And Why Is It Called So ?
A Zero Fir Does Not Bear Serial Number, But Is Assigned The Number “0”, Hence The Name – Zero Fir. A Zero Fir Is Registered Irrespective Of The Matter If The Offence So Committed Comes Under The Jurisdiction Of Such Police Station Or Not. After A Zero Fir Has Been Registered By The Police Station, It Is Transferred To The Particular Police Station Under Whose Jurisdiction Such Offence Took Place. After The Fir Is Received By The Appropriate Police Station, A Serial Number Is Assigned To Such Fir, Hence Converting It Into A Regular Fir.
Judicial View On Zero Fir-
The Courts Have Come Down Heavily On The Police Stations For Their Reluctance To Register A Zero Fir. Mentioned Below Are A Few Judgments Related To Same-
- In The Case Of Union Of India V Ashok Kumar Sharma And Ors., 2020, It Was Observed By The Supreme Court That In Case An Information Is Given To A Police Officer, Then Under Section 154 Of The Crpc, The Police Officer Must Register A Fir And Make It Over To The Respective Police Station Which Has Jurisdiction Over Such Matter.
- In The Case Of Bimla Rawal And Ors. V Nct Of Delhi, 2008, Delhi High Court Decided That In Case The Information So Provided To The Police Is Regarding A Cognizable Offence, Then The Police Officer Could Not Refuse To Register An Fir. After Which Such Fir Should Be Transferred To The Appropriate Police Station Having Jurisdiction Over That Matter.
Validity Of The Zero Fir-
Validity Of A Zero Fir Is Similar To A Regular Fir. The Informant, After His/Her Zero Fir Has Been Lodged, Could Check If It Is Transferred To The Jurisdictional Police Station And Could Appeal For Investigation Without Any Unnecessary Detail.
Conclusion
A Zero Fir Is An Important Tool For Asserting The Rights Of The Citizens And To Inspire Confidence among the General Public Regarding The Effectiveness Of Police To Carry Out Investigations In A Prompt Manner Without Any Technical Territorial Impediments. It Could Also Be Understood From The Above Discussion, That Generally It Is Not Important To Have A Lawyer Present While Registering Your Fir, However, It Is Advised To Seek Legal Guidance From An Experienced Advocate Nonetheless. You May Contact Us At Lead India, In Case You Seek Free Legal Advice Or Wish To Talk To A Lawyer Or Ask A Legal Question, As We Offer You An Experienced Team Of Advocates Who Have Successfully Been Dealing With Matters Related To Criminal Law and civil Law.