Process Of Firs Under The Bnss

Section 173 of Bharatiya Nagarik Suraksha Sanhita covered the concept of FIR. It has made changes keeping in view technological advancements and societal change. It made the zero FIR express provisions. Earlier also, there was a concept of Zero FIR prevalent in certain offenses, like sexual offenses, but now the parliament has expressly made the provision for the same. Like this, certain changes have been made in the newly enacted law.

FIRs under the BNSS

Zero FIR: With the development of Zero FIR, it is now easier to file an FIR in any police station, irrespective of its jurisdiction. This will help in the prompt reporting of crime and early initiation of legal proceedings, especially in those cases where immediate intervention is required. Moreover, Zero FIR is a much-needed step.

In the case of State of AP vs. Punati Ramulu and others (1993), the Supreme Court held that Constables should be able to record information regarding cognizable crimes regardless of their territorial jurisdiction. He can forward it to the police station, which has jurisdiction over the area where the crime has been committed.

In Satvinder Kaur Vs Government of NCT, Delhi, 1999, The Supreme Court held that  If the Investigating Officer concludes that the cause of action for lodging the FIR has not arisen within his territorial jurisdiction after the investigation has been completed, he is required to submit a report in and to forward the case to a magistrate who may take cognizance of the offense.

To ascertain a prima facie case, depending on its type and gravity, a police officer can conduct a preliminary investigation with the approval of a DSP or higher-ranked officer. However, nothing prevents him from taking immediate action to ensure justice in an emergency.

This suggests that the FIR may not be lodged immediately. This gives the aggrieved parties time to reflect and verify, avoiding unneeded litigation or agony as a result of lies or exaggeration.

Additionally, the 14-day limit prohibits the officer from unnecessarily delaying the outcome of such a preliminary investigation.

If an arrest is to be made, the DSP must first approve it. This decreases arbitrariness and allows for more supervision.

Finally, in addition to the way of appeal of writing to the SP in the case of an officer’s refusal to register an FIR, the aggrieved can now apply to the magistrate even if he is dissatisfied with the SP’s intervention.

Under the new criminal rules, a citizen can report events electronically rather than going to the police station. This will make reporting easier and faster, allowing the police to take rapid action. This is also a much-needed step in this digital era. It has eased the process of filing an FIR. Now the aggrieved person can lodge an FIR through email, WhatsApp, or any other electronic means.

Victims will also be provided with a free copy of the FIR. This will help in ensuring the greater participation of victims.

FIRs serve as vital documents for investigations and subsequent steps to ensure that the matter is handled correctly. Because this document is admissible and has significant evidential value, proper information available during reporting should be submitted to the police in writing, orally, or electronically, rather than cryptically.

In conclusion, this new criminal law was a much-needed step against the old draconian law. The time has changed now. This is the digital era. Allowing online lodging of FIR has made the lodging of FIR a simple process. This will help in an increased number of FIRs, as the victims will not have to face the problems now. They can, with a single click, lodge the FIR. Moreover, Zero FIR has eliminated the boundaries of the territorial jurisdiction of the police station. The timely completion of the investigation will also help in the speedy disposal of cases.

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