Can FIR be registered at a police station without jurisdiction?
FIR is a document registered through police when they get hold of facts approximately an offence. Generally, it is miles of criticism registered by way of the victim or someone else on their behalf. FIR has serial number, date of incidence, time of incidence, area of prevalence, contents of criticism, etc. A police officer cannot mention that this crime does not always take vicinity in my police station territory. So, they must take necessary moves without considering the vicinity. Zero FIR is the only this is filed in any police station irrespective of the area of prevalence or jurisdiction. Commonly in FIR's is registered underneath the worrying police station; however, in Zero FIR, any of the police stations can sign in the case and positioned the FIR serial variety as "0" and transmission to the jurisdictional place.
Looking at the provisions of Criminal Procedure Code, if FIR isn't filed inside the territorial jurisdiction of an involved Police Station, the Station House-in-Charge (SHO) of that unique Police Station can't continue within addition investigation of the case and the FIR should be filed with a Police Station which has territorial jurisdiction to act over the case. But practically, it isn't always possible to adhere to the Criminal Procedure Code's precise wording. Incidents like accident, murder, and rape require immediately moved from the involved government and rush to take samples, getting records from eyewitnesses, and getting detailed info. A Zero FIR enables us to be aware of this preliminary movement regardless of trying to parent out wherein limits or territorial jurisdiction the crime/offense happened.
Put FIR irrespective of the police station boundary. Anyone can criticize the Cognizable offence within the shape orally or by writing to the police or telephonic, and nowadays, it could be given online. The states like Tamilnadu, Haryana, Himachal Pradesh, Jharkhand, Maharashtra, Delhi, Madhya Pradesh have the net submission boards for online FIR. You can report an FIR if you are the sufferer; otherwise, you need to know your self-regarding the offence that has been committed, or you are the witness. The most well-known instance for the zero FIR is the Aasaram Bapu rape case; in this situation, the vicinity of incidence falls underneath Jodhpur jurisdiction, but the case registered at police station Kamla Market, Delhi. Then the case transferred for similar complaints.
One of the drawbacks of the "zero FIR" is that police station does now not have the territorial jurisdiction within the case, might also sign up FIR immediately for the satisfaction of the sufferer, and immediately switch the case to the concerned police station without the proper preliminary inquiry. Lawyers in India permit you to check in FIR in a police station without jurisdiction.
ZERO FIRE: THE CONCEPT
As per the idea, Zero FIR is an FIR that can be filed in any police station, no matter the location of prevalence or jurisdiction. The same is later transferred to the Police Station, having competent jurisdiction after research and filing with a magistrate. What distinguishes Zero FIR from Ordinary FIR is that inside the latter, FIR is registered by a wide serial variety in police station however in the former one an FIR is instituted at any Police Station apart from the jurisdictional Police Station concerned, this is the region in which incident came about, and such an FIR is registered but no longer numbered. Such unnumbered FIR honestly is then forwarded to the worried Police Station in which it gets numbered and, also, acted upon.
Hence those FIR's are acknowledged to be Zero FIR. For instance, an Offence is dedicated within the jurisdictional restriction of 'A' police station & FIR is a lodge at 'B' police station. Then by using the procedure, if it's far discovered that the offence is devoted to the jurisdiction limit of the other police station, the FIR might be channelized to that police station as ZERO wide variety FIR. The Police Station registering the Zero range FIR is required to make a few prelude investigations into the case before directing it to the worried Police Station.
IS ZERO FIR LEGAL?
The provision of Zero FIR got here up as advice in Justice Verma Committee Report inside the new Criminal Law (Amendment) Act, 2013, devised after the December 2012 gang rape of a 23-yr-vintage woman in the territory.
However, policemen through and large deny understanding about provisions of "Zero FIR," and direct the complainant to Police Station having jurisdiction, but Clause (e) of Section 460 of the Criminal Procedure Code (CrPC) says that if any Magistrate no longer empowered using laws to call for focus of an offence placed in phase 190 (a) or (b) erroneously however in desirable faith does take focus, the proceeding minutes will no longer be set aside merely at the grounds of not being empowered for identical. If the time of initiation of FIR appears obtrusive that the crime changed into dedicated outdoor the jurisdiction of the involved police station, then the police should be accurately ordered to sign up a Zero FIR and make sure that the FIR is transferred to the jurisdictional police station.
If there is a failure in compiling with the training of FIR registration on the acknowledgment of records approximately the offense, it'll invite prosecution of the police officer under segment 166 A, which provides rigorous imprisonment of six months be prolonged to 2 years. This evasion of responsibility can also invite the departmental movement for the police officer.
The Centre has requested all the states to make amendments in the kingdom laws concerning the Zero FIR registration on receipt of criticism or records of a crime without stepping into argument associated with the jurisdiction. Central Government, preserving in mind, the influence of the Zero FIR has warned using invoking the modification inside the crook regulation that if there may be any refusal as regards the registering of the Zero FIR, it'll lead to imprisonment. This ordered modification empowers the police to check in the criticism recounted in police station other than the jurisdictional police station wherein crime has been devoted. The concept of Zero FIR is a free jurisdiction FIR, introduced up an excellent way to avoid the delay in submitting the crime, and to avoid wastage of time that adversely influences the sufferer and offers an unfastened manner to offenders getting an opportunity to break out from the clutches of the regulation.
• As consistent with the static report, there may be a criminal offense committed towards ladies in every 1.7 minutes, and rape is dedicated within every sixteen mins recorded in our country, and home violence carried out in every 4 minutes in opposition to each girl. Zero FIR is provided as a right to girls, which she can work out as required. In cases of a heinous crime, Zero FIR finished in opposition to her in any area or at any second acts as a remedy within the fingers of the ladies.
• Zero FIR is likewise easy acceess to the passengers on rail journey for a course in making the travel safe and problem unfastened for the hundreds of thousands of passengers on an everyday adventure. So, as in line with the requirement, the victim can file the case in opposition to a robbery within the area. This is nearest to their method while traveling.
Certain grave crimes like an accident, homicide, and rape that require instant action from the concerned authorities and to acquire evidentiary evidence from the location and samples, deposition from the eyewitnesses, and circumstantial evidence. A Zero FIR helps remember of this prelim movement regardless of identifying the territorial limits of the crime.
As a settled rule while undoubtedly useful, there is usually something terrible attached to it. And the most crucial downside is inside the fundamental concept of the Zero FIR provision, i.e., for say, a criminal offense occurs in an area and reports in a different jurisdiction. If there's sure collusion between the police team of workers of the station in which the FIR instituted and the offender, then the whole root of the availability collapses.
While going through the upper hand, the ZERO FIR looks as if a super idea in searching for a manner to ameliorate criminal justice at an introductory level and selecting the gulp of truth. But call for a 3rd eye to display the system. For such cause, a better alternative is if a committee concurrently supervising the system and scrutinize the whole FIR institution manner.
SYMBIOSIS LAW SCHOOL, HYDERABAD