Zero FIR under BNSS, 2023

 Zero FIR 

We have come across irritating videos with caption "Zero FIR" explained ; notwithstanding whatever is contained in BCI Ethics Rules, wearing a Band by the speaker seems de rigueur or openly soliciting by writing "if you have queries, please contact us" also looks mandatory. We have also come across doubly irritating write ups explaining what is "Zero FIR" which puts every serious legal practitioner in doubt. Thankfully, BNSS, 2023 does not uses words "Zero" anywhere in BNSS. And, more importantly, Court cases do not give much importance to videos explaining Zero FIR or write ups. 

The shock value is more important. Just like the irritating news items on "digital rape" finding their places merely for their shock value as if the term needs to find its place immediately in statutes through an Ordinance, the market of readers of "Zero FIR" is growing. 

S.173 (1) of BNSS, 2023 uses the phrase "irrespective of the area where the offence is committed", information about cognisable offence can be given. S.174 (1) is about non-cognisable offence. S.174 (1) says "within the limits of such station of a non-cognizable offence". S.175 (1) is about investigation of cognizable offence and this is where the jurisdiction is restricted even if offence is cognisable offence. S.173 (1) is about giving the information about cognisable offence and S.175 (1) is about the investigation of cognizable offence.  S.2 (n) defines "local jurisdiction" but that is in relation to Court or Magistrate and the notification is issued by State Government. 

When we look at definition of cognisable or non-cognisable offences, BNSS, 2023 does not relates it with term of sentences. It relates it with power to arrest without a warrant. 

S.173 (1) says information and S.173 (2) talks about copy of information as recorded. So, information is given by a person and it is officer in charge of PS who reduces it into writing. What is reduced into writing by officer in charge of PS is now popularly known as "FIR". We can use the term "FIR" because that term is used in Lalita Kumari v. Govt of UP [2013] GCtR 210 (SC) ; Code of Criminal Procedure, 1973 used the term FIR in S.207 by saying "first information report recorded under section 154". S.230 of BNSS, 2023 says "the first information report recorded under section 173".

But we can clearly see that FIR is not the information given by information ; FIR is the version of officer in charge as he understood it to be the recorded version of informant. 

S.176 (1) also says "empowered to investigate under S.175". But, when we look at S.176 (3) when offence is one which carries 7+ years of sentence, there appears no link with S.175 (1) and therefore, powers under S.176 (3) can be exercised irrespective of the area where the offence is committed.