Ministry of Home Affairs issues SOP to file Zero FIR and e-FIR in accordance with BNSS

The Ministry of Home Affairs has issued a Standard of Procedure to file Zero FIR and e-FIR in accordance with the new criminal procedure law i.e. Bharatiya Nagarik Suraksha Sanhita (BNSS) as suggestive guidelines.

The introduction of e-FIR is new and aimed to leverage technology to simplify the process of reporting crimes, making it more accessible to the public, and reducing the time
required for registration and subsequent action. This system is designed to eliminate geographical constraints and bureaucratic delays, ensuring that victims of crimes can report incidents promptly and accurately, regardless of their location.

As per the SOP, an e-FIR can be logged by logging in into the official police e-FIR portal or police website or may send the complaint/information to the concerned police station through any electronic communication.

"As per section 173(1) of The Bharatiya Nagarik Suraksha Sanhita (BNSS), Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed may be given orally or by electronic communication", the SOP reads.

The e-FIR shall only be taken on record by a police official and signed within three days by the person giving it which means after signing the same FIR will be registered.

If the nature and gravity of the information sent to police station through electronic communication requires immediate action /interference by police, matter may be registered on behalf of the complainant by the Investigation Officer himself, after verifying the facts and circumstance of the information.

Zero FIR, on the other hand, addresses the critical issue of jurisdictional limitations that have historically impeded the swift initiation of criminal investigations. By allowing any police station to register an FIR irrespective of the place of occurrence, Zero FIR ensures that no time is lost in starting the investigative process, thereby providing immediate relief and ensuring a quicker response from the concerned authorities.

After the registration of Zero FIR, if necessary, a primary investigation may be done by the Investigation officer of the same police station (e.g. Medical Examination of a Rape Victim) before forwarding it to the police station having jurisdiction over the place of the incident.

The SOP also provides for a remedy for citizens for non-registration of e-FIR and ZERO FIR by a police officer.

Read SOP @LatestLaws.com:

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