Can I Do Zero FIR For My Ex-In-Laws Who Physically Assaulted Me During My Second Marriage

By filing a FIR at a police station, the idea of Zero FIR removes the restrictions of territorial jurisdiction. The police officer is required to file a Zero FIR under the number 00, regardless of the location where the offense was committed.

After filing a Zero FIR, the case must be moved to the relevant Police Station for investigation if the crime was not committed within the jurisdiction of the aforementioned Police Station.

Neither the CrPC nor any other central statute or piece of Indian legislation is the term "Zero FIR" stated. The Nirbhya rape case brought the idea to light, and the Justice Verma Committee went on to suggest it as one of many criminal justice reforms.

The Ministry of Home Affairs advised all police stations to file First Information Reports (FIRs) regardless of the station's territorial jurisdiction and to transfer the FIR, in accordance with S.170 of the Criminal Procedure Code, to the station with sufficient jurisdiction.

Procedure:                                                             

Understanding whether the offense is cognizable or non-cognizable is crucial before submitting a FIR. The crime must be serious, like rape, robbery, murder, or theft, for example. Moreover, information on non-cognizable offenses is provided to the magistrate via a complaint. Forgery, defamation, and public nuisances are a few instances of non-cognizable offenses.

In the case of a cognizable offense, a FIR is filed; if the offense is not cognizable, the magistrate is notified. The police will nevertheless take and record the information in the "General Diary" book even if the offense is not cognizable.

  • The crime must be of a cognizable kind. Zero FIR can be filed in the present circumstances as this case falls under section 498A IPC which is cognizable offense.
  • If the informant provides the information orally, it must be reduced to writing and read to the informant before it may be submitted in writing. As a result, the informant has signed it and it has been recorded in the book as the State Government's directive.
  • The informant receives a copy of the FIR free of charge.

Case Laws:

  • In Kirti Vashisht v. State & Ors, it was ruled that the police must still accept the information and register it as a zero FIR before transferring it to the specific police station, even though the location where the crime occurred is outside of the station's jurisdiction.
  • In State v. Harnam Singh, Harnam Singh kidnaps a girl wearing a school uniform together with 3 other guys. After receipt of the information, both were transported to the Parliament Street police station where no FIR was filed. A subsequent medical examination was then completed and taken to the Tilak Nagar police station where the duty officer was given a copy of the FIR.
  • An army soldier in uniform was brought to the duty officer while unconscious in State v. Satish Kumar. He claimed in his statement that he lost consciousness after consuming the mango juice provided by a 25-year-old man at the train station, and he also discovered that his luggage was missing. As a result, Itarsi Station received a zero FIR, sent the information to the RPF Delhi, and then asked to transfer the case to New Delhi.

The quickest approach to have your complaint filed with the police station is to use a zero FIR. The police must nonetheless record the FIR as a zero FIR even if the offense happened beyond the police station's jurisdiction. Technology is developing so quickly that several States have made it possible to submit FIRs online, and one can check the status of a FIR online. 

It is acknowledged that the complete legal gap, i.e., the absence of laws requiring Zero FIR, is alarming and has to be filled. After proving that a provision is required, the article defines the provision's scope by considering three scenarios and going over the effects of each.

criminal lawyer in pune can be appointed if the case has been filed in Pune. Moreover, if the case has been filed in Chennai then court marriage lawyers in chennai can also be consulted. divorce lawyers in Chennai can also be consulted.

At Lead India, we offer a range of professional and legal services. You can ask a legal question here. Talk to a lawyer for the best advice in this scenario. Our legal staff will assist you in making wise choices. We also provide free legal advice online.

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