Context: The Zero FIR provision under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 allows a victim, particularly in cases of sexual violence, to register an FIR at any police station, irrespective of the territorial jurisdiction where the offence occurred.
- On August 4, the Chairperson of the National Commission for Women (NCW), Vijaya Kishore Rahatkar, described Zero FIR as one of the most progressive provisions of the new criminal laws.
- The provision prioritises accessibility over territorial jurisdiction, ensuring that victims are not denied the opportunity to report crimes due to jurisdictional technicalities.
Background and Evolution of Zero FIR
- Justice Verma Committee (2013): Constituted after the December 2012 Delhi gangrape, it recommended the registration of Zero FIRs in cases of sexual violence to remove jurisdictional barriers.
- Ministry of Home Affairs (MHA) advisories: Directed police stations to register FIRs irrespective of territorial jurisdiction and warned that refusal could invite prosecution and disciplinary action against police officers.
- Despite these directions, police resistance and reluctance to register Zero FIRs continue, often forcing victims and support organisations to repeatedly assert their legal rights.
How Does Zero FIR Work?
- A victim can approach the nearest police station and register an FIR even if the offence occurred outside that police station's jurisdiction.
- The FIR is subsequently transferred to the police station having territorial jurisdiction for investigation and further proceedings.
- Key limitation: While the initial reporting becomes accessible, subsequent procedures are generally conducted in the jurisdiction where the offence occurred, potentially imposing significant travel and financial burdens on victims.
Ground-Level Challenges: Case of a Minor Rape Survivor
- Victim's vulnerability: A 15-year-old orphan, referred to as Mitra, lived with her two brothers in a poor Mumbai slum. Neither sibling had attended school since their father's death four years earlier.
- Incident: She was taken by a friend to Raigad district, where she was brutally raped and assaulted. After missing her periods, she disclosed the incident to a local NGO.
- Registration of Zero FIR: The NGO managed to register a Zero FIR at a police station near her residence in Mumbai. However, the case was transferred to Raigad the following day.
- Forced travel: Police insisted that the survivor travel nearly four hours each way to Raigad for subsequent procedures, despite her pregnancy, motion sickness and family's financial vulnerability.
- Multiple visits: The survivor and her elder brother had to travel repeatedly at their own expense for:
- Spot identification and preparation of panchnama.
- Medical examination.
- Recording of her statement before a Magistrate.
- Production before the Child Welfare Committee (CWC).
- Medical termination of pregnancy (MTP): Although a government hospital near her residence was approached, the police refused to facilitate the procedure there.
- Shelter and medical care: The survivor was eventually admitted to a shelter in Raigad and subsequently spent nearly 20 days in a hospital awaiting medical termination of pregnancy, without clear information about the procedure or identification of her support person.
- Family hardship: Her elder brother had to repeatedly travel to meet her and attend police and court proceedings, resulting in loss of wages and additional expenses.
- Delayed compensation: Even after one-and-a-half months, the survivor had not received compensation under the Maharashtra victim compensation scheme, despite the provision for interim compensation within seven days.
Major Challenges in Implementing Zero FIR
- Jurisdictional barriers after registration: Accessibility is ensured only at the FIR registration stage; subsequent procedures continue to impose territorial and administrative burdens.
- Financial hardship: Repeated inter-district travel increases the financial burden on economically vulnerable families.
- Insensitivity towards survivors: Police authorities may fail to account for the survivor's age, health, pregnancy, family circumstances and psychological vulnerability.
- Delayed medical assistance: Lack of coordination between police and healthcare institutions can delay essential medical procedures.
- Inadequate support mechanisms: Survivors may not be informed about their designated support persons or provided adequate assistance during hospitalisation and legal proceedings.
- Delayed victim compensation: Failure to provide timely interim compensation undermines the objective of victim rehabilitation.
- Fear of reporting: If reporting sexual violence results in loss of income, financial instability and repeated institutional harassment, families may choose silence over seeking justice.
Way Forward
- Extend Zero FIR accessibility: Its underlying principle should extend beyond FIR registration to all subsequent procedures requiring the survivor's participation.
- Decentralised procedures: As far as possible, arrange the following near the survivor's place of residence:
- Medical examination.
- Recording of statements before a Magistrate.
- Production before the Child Welfare Committee.
- Shelter and rehabilitation arrangements.
- Travel assistance: Where inter-district travel is unavoidable, the State must provide transportation not only for the survivor but also for an accompanying family member or support person.
- Victim-centric policing: Issue clear and enforceable directions requiring police officials to consider the survivor's age, health, financial condition and other vulnerabilities.
- Timely compensation: Ensure prompt disbursement of interim victim compensation as prescribed under applicable schemes.
- Institutional coordination: Improve coordination among police stations, hospitals, courts, Child Welfare Committees and NGOs to avoid repeated visits and procedural delays.
- Accountability: Take disciplinary and legal action against officials who deliberately obstruct Zero FIR registration or violate survivor-protection requirements.
Important Legal and Institutional Provisions for UPSC
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Section 173:
- Provides for information relating to a cognisable offence to be given to a police station irrespective of the area where the offence was committed.
- Such information may be given orally or through electronic communication.
- Electronic information must be signed by the informant within three days.
- A copy of the recorded information must be provided free of cost to the informant or victim.
- In specified sexual-offence cases involving women, the information must be recorded by a woman police officer or woman officer.
- For specified offences against persons with mental or physical disabilities, recording must take place at the person's residence or a convenient place, with the assistance of an interpreter or special educator, and videography is required.
- National Commission for Women (NCW):
- Statutory body established under the National Commission for Women Act, 1990.
- Mandated to review constitutional and legal safeguards for women, recommend remedial legislative measures and facilitate redressal of women's grievances.
- Justice Verma Committee, 2013:
- Constituted following the 2012 Delhi gangrape.
- Recommended comprehensive reforms relating to sexual offences, police accountability, gender justice and victim protection.
- Child Welfare Committee (CWC):
- Established under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Exercises authority regarding children in need of care and protection.
- Plays an important role in rehabilitation, shelter and protection of vulnerable child victims.
- Victim Compensation Scheme:
- Section 396 of BNSS provides for victim compensation schemes to compensate victims or their dependents who have suffered loss or injury and require rehabilitation.
- State Legal Services Authorities and District Legal Services Authorities play important roles in administering compensation.
