Which of the following statements about a Zero First Information Report (Zero FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is/are correct?
- A Zero FIR can be lodged at a police station, even though the place of commission of a cognizable/non-cognizable offence is outside the territorial jurisdiction of that police station.
- The Officer-in-Charge of the police station where a Zero FIR has been lodged may, with the permission of the competent authority, initiate a preliminary enquiry.
- Under Zero FIR, it is obligatory for the informant to furnish information electronically.
Select the answer using the code given below:
- 1, 2 and 3
- 2 and 3 only
- 1 only
- 2 only
Explanation
Statement 1 is incorrect
- Zero FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 can be registered only for cognizable offences. By including both cognizable and non-cognizable offences, the statement incorrectly extends the scope of the Zero FIR mechanism to offences for which it does not apply.
Statement 2 is correct
- As per 173 (3) of BNSS, “Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer-in-charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence:
- Proceed to conduct a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
- Proceed with investigation when there exists a prima facie case.
- After the registration of Zero FIR, if necessary, primary investigation may be done by the Investigation officer of the same police station (e.g. Medical Examination of a Rape victim)
Statement 3 is incorrect
- Under the Bharatiya Nagarik Suraksha Sanhita, 2023, it is not obligatory for the informant to furnish information electronically. Electronic communication is simply one of the permissible modes.
