Title : ?ZERO FIR? CONCEPT

Date : Dec 04, 2021

Description :

GS II

 

Topic à Government Policies and Interventions

 

• The concept of a Zero FIR means that a police report can be submitted in any police station (regardless of the location of the occurrence or the jurisdiction of the police station in question) and then transferred to the relevant station.

 

• It gives police the authority to pursue a case where a FIR has been lodged within the territorial jurisdiction of the police station where the incident happened.

 

• According to the provisions of the Criminal Procedure Code, if a FIR is not filed within the territorial jurisdiction of a concerned Police Station, the SHO of that Police Station is unable to continue the investigation of the case, and the FIR must be filed with a Police Station with territorial jurisdiction to act over the case.

 

• However, in circumstances of serious crimes when there is a risk of tampering with evidence and the nature of the crime is terrible, this imposes some practical limits.

 

• For instance, if a person goes to the police station to report his friend's murder (cognizable offence). This type of incident necessitates quick police response. In such instances, the police cannot claim that the case falls outside of their jurisdiction.

 

• The Supreme Court ruled in Satvinder Kaur vs State (Government of Delhi) that the police might investigate a crime that does not fall under their jurisdiction.

 

• To comply with CPC statutory regulations, if the investigating officer determines after preliminary investigation that the cause of action for filing a FIR did not arise within his territorial jurisdiction, he must submit a report and forward the case to the Magistrate empowered to take cognizance of the offence, along with all evidences. It is then handed over to the appropriate police station.

 

• Source à The Hindu à 03/12/21 à Page Number 3

Tags : IPC, CrPC