New SOP on Zero FIR and E-FIR Announced by Home Ministry: Everything You Need To Know

In a significant move to streamline the process of filing complaints and ensure timely justice, the Home Ministry has issued a Standard Operating Procedure (SOP) on Zero FIR and E-FIR under the BNSS (Bharat Nagrik Suraksha Scheme). This SOP aims to enhance the efficiency and accessibility of the Indian legal system, making it easier for citizens to report crimes.

The introduction of Zero FIR and e-FIR brings a big change in how criminal complaints are handled in India. These new methods are part of a larger reform under the BNSS, which updates the rules from the Criminal Procedure Code, 1973. The aim is to make justice faster, easier to access, and fair for everyone by using technology and removing limits on where complaints can be filed. In this blog, we will explore the details of this SOP, the concepts of Zero FIR and E-FIR, and how they impact the legal landscape.

Objectives of the SOP on Zero FIR and E-FIR

1. Ensure Swift Justice:

1. Reduce delays in filing complaints by allowing FIRs to be lodged at any police station (Zero FIR) and through online platforms (E-FIR).

2. Facilitate immediate action on complaints, especially in serious cases, by removing jurisdictional barriers.

2. Enhance Accessibility:

1. Make the process of filing complaints more accessible to everyone, including those in remote areas or unable to visit police stations in person.

2. Provide a user-friendly online platform for lodging E-FIRs, making it easier for tech-savvy individuals and those with internet access.

3. Improve Efficiency:

1. Streamline the complaint registration process to ensure quick and efficient handling of criminal cases.

2. Utilize technology to track and manage complaints, improving the overall workflow of police departments.

4. Increase Transparency:

1. Promote transparency in the recording and investigation of crimes by maintaining digital records of E-FIRs.

2. Ensure that citizens are aware of their rights and the procedures available to them through public awareness campaigns.

5. Strengthen Law Enforcement:

1. Train police personnel to effectively handle Zero FIRs and E-FIRs, equipping them with the necessary skills and knowledge.

2. Implement standard operating procedures to maintain consistency and accountability across all police stations.

6. Empower Citizens:

1. Educate the public about their rights and the new provisions under the BNSS, enabling them to report crimes without fear or hesitation.

2. Provide support and guidance through legal consultants to help individuals navigate the legal system and ensure their complaints are addressed.

Understanding Zero FIR

What is Zero FIR?

A Zero FIR is an FIR that can be filed at any police station, irrespective of the jurisdiction where the crime occurred. This provision ensures that the complainant does not have to run around to find the correct jurisdiction to file a complaint, thereby speeding up the process of justice.

Importance of Zero FIR

Zero FIR is crucial as it allows the immediate recording of a complaint. Once recorded, it is then transferred to the appropriate police station with jurisdiction over the area where the crime occurred. This system prevents delays that could be critical in cases such as sexual assault, murder, or other serious offenses.

Process of Filing a Zero FIR

1. Visit Any Police Station: You can go to any police station to report a crime, regardless of where it happened.

2. Registration: The Station House Officer (SHO) or duty officer will record your complaint in the Zero FIR register, without worrying about the jurisdiction.

3. Preliminary Enquiry: For crimes punishable by three to seven years of imprisonment, a preliminary enquiry might be done within 14 days to check if there's a valid case.

4. Transfer: The Zero FIR is then sent to the police station that has jurisdiction over the area where the crime occurred, and it is re-registered as a regular FIR.

5. Investigation: The investigating officer at the correct police station will then carry out the investigation, following the usual procedures.

Understanding E-FIR

What is E-FIR?

E-FIR is an online First Information Report that can be lodged through a digital platform. This initiative aims to make the process of reporting crimes more accessible, especially for those who cannot visit a police station in person.

Advantages of E-FIR

E-FIR provides several benefits:

1. Convenience: It allows individuals to file complaints from the comfort of their homes.

2. Accessibility: Particularly useful for tech-savvy users and those living in remote areas.

3. Time-Saving: Reduces the time spent traveling to and from police stations.

How to File an E-FIR?

1. Access the Online Portal: Visit the designated E-FIR website or mobile app of the police department.

2. Register/Login: Create an account or log in with your existing credentials.

3. Fill in the Details:

• Enter the necessary information about the incident, including the date, time, location, and a detailed description of what happened.

• Provide your personal information such as name, contact details, and address.

4. Upload Supporting Documents: Attach any relevant documents or evidence, such as photos, videos, or scanned copies of documents.

5. Submit the Complaint:

• Review the information you have entered to ensure it is accurate.

• Click on the submit button to lodge your E-FIR.

6. Verification & Preliminary Enquiry: The e-FIR is sent to an investigation officer for initial verification. For certain offenses, a preliminary enquiry is carried out within 14 days.

7. Registration: The e-FIR must be signed within three days to be officially recorded.

8.  Assignment and Investigation:

• The Station House Officer (SHO) reviews the FIR and assigns it to an investigating officer, who then conducts the investigation following standard procedures.

• Regular updates on the progress of your case will be provided through the online portal or via email/SMS notifications.

The BNSS Initiative

What is BNSS?

The Bharat Nagarik Suraksha Scheme (BNSS) is a comprehensive initiative by the Home Ministry to enhance citizen safety and streamline the reporting of crimes. BNSS includes various measures like Zero FIR, E-FIR, and other technological advancements to improve the efficiency of law enforcement agencies.

Objectives of BNSS

1. Improve Response Time: Ensure quicker response from police departments.

2. Increase Accessibility: Make the process of reporting crimes easier and more accessible.

3. Enhance Transparency: Increase transparency in the recording and investigation of crimes.

Legal Advisors: Your Guide to Understanding and Utilizing Zero FIR and E-FIR

Legal advisors play a crucial role in helping citizens navigate the complexities of the legal system. They can provide valuable assistance in understanding the nuances of Zero FIR and E-FIR and guide individuals through the process.

Why Consult Legal Experts?

1. Expert Advice: Legal experts offer expert advice on how to file complaints and the subsequent legal proceedings.

2. Documentation: They assist in preparing and verifying all necessary documentation.

3. Representation: Legal experts can represent individuals in legal matters, ensuring their rights are protected.

What to Do If Your FIR Isn't Registered?

If a police station refuses to register an FIR, there are several remedies available to ensure that the complaint is lodged and addressed appropriately. Here are the steps you can take:

1. Approach Higher Authorities:

1. Superintendent of Police (SP):  In cases where a police officer refuses to register a Zero FIR or e-FIR, the aggrieved person has recourse under sections 173(4) and 199 of BNSS. You can file a complaint with the Superintendent of Police or other higher-ranking officers in the police department.

2. District Magistrate (DM): The DM can also intervene and direct the police to register the FIR.

2. Judicial Magistrate:

• Section 156(3) of the Criminal Procedure Code: You can approach the Judicial Magistrate with an application under Section 156(3) of the Criminal Procedure Code, requesting an order to the police to register the FIR.

3. Human Rights Commission:

• National and State Human Rights Commissions: Complaints can be lodged with these commissions if there is a violation of human rights due to non-registration of the FIR.

4. Online Complaint:

• E-FIR Portal: Use the online E-FIR portal to file your complaint electronically. This method bypasses local police station refusals and ensures your complaint is recorded.

5. Legal Consultants:

• Seek Legal Advice: Consult legal experts who can guide you through the process and help file the necessary applications or petitions.

Conclusion

The SOP on Zero FIR and E-FIR under BNSS is a significant step towards improving the accessibility and efficiency and responsiveness of law enforcement agencies in handling criminal complaints. By allowing complaints to be filed irrespective of jurisdiction and through digital platforms, it ensures that justice is not delayed. Legal consultations with lawyers can play a vital role in guiding individuals through these processes, ensuring that their rights are upheld, and justice is served promptly.

For those seeking more information or assistance, consulting with legal experts can provide the necessary support and advice. The new SOP is a testament to the government’s commitment to citizen safety and justice, making it easier for every individual to report crimes and seek justice.