Correct Answer
(d) 2 only
Explanation of the Correct Answer
Only Statement 2 is correct.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given to the officer-in-charge of a police station irrespective of the area where the offence is committed. This gives statutory recognition to the idea of Zero FIR.
However, the provision applies to cognizable offences, not non-cognizable offences. Therefore, Statement 1 becomes incorrect because it says “cognizable/non-cognizable offence”.
Section 173 also allows, in certain cognizable offences punishable with imprisonment of three years or more but less than seven years, the officer-in-charge to conduct a preliminary enquiry with prior permission of an officer not below the rank of Deputy Superintendent of Police.
Also, furnishing information electronically is not obligatory. Section 173 says information may be given orally or by electronic communication. Hence, Statement 3 is incorrect.
Evaluation of the Statements
| Statement | Verdict | Explanation |
|---|
| 1. A Zero FIR can be lodged at a police station even though the place of commission of a cognizable/non-cognizable offence is outside its territorial jurisdiction. | Incorrect | Zero FIR under Section 173 relates to cognizable offences. The inclusion of non-cognizable offence makes the statement incorrect. |
| 2. 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. | Correct | Section 173(3) permits preliminary enquiry in specified cognizable offences with prior permission of an officer not below the rank of DSP. |
| 3. Under Zero FIR, it is obligatory for the informant to furnish information electronically. | Incorrect | Information may be given orally or electronically. Electronic mode is optional, not mandatory. |
Therefore, only Statement 2 is correct.
Why Other Options Are Incorrect
| Option | Verdict | Explanation |
|---|
| (a) 1, 2 and 3 | Incorrect | Statements 1 and 3 are incorrect. |
| (b) 2 and 3 only | Incorrect | Statement 2 is correct, but Statement 3 is incorrect. |
| (c) 1 only | Incorrect | Statement 1 is incorrect because Zero FIR is for cognizable offences, not non-cognizable offences. |
| (d) 2 only | Correct | Only Statement 2 correctly reflects the BNSS provision. |
Relevant Supplementary Information
Zero FIR under BNSS, 2023
| Feature | Correct Position |
|---|
| Relevant provision | Section 173, BNSS, 2023 |
| Applies to | Cognizable offences |
| Territorial jurisdiction | FIR may be lodged irrespective of the area where the offence was committed |
| Mode of giving information | Oral or electronic communication |
| Electronic information | Taken on record after being signed within three days by the informant |
| Copy to informant/victim | Must be given free of cost |
| Preliminary enquiry | Permitted in specified cognizable offences punishable with 3 years or more but less than 7 years |
| Permission for preliminary enquiry | Prior permission from officer not below rank of Deputy Superintendent of Police |
| Time limit for preliminary enquiry | Within 14 days |
| Feature | Correct Position |
|---|
| Relevant law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Relevant section | Section 173 |
| Applies to | Cognizable offences |
| Can be lodged where? | At any police station, irrespective of territorial jurisdiction |
| Purpose | To ensure immediate registration and prevent delay due to jurisdictional issues |
| What happens after registration? | It is transferred to the police station having territorial jurisdiction |
| Mode of information | Oral or electronic communication |
| Electronic communication | Must be taken on record after being signed by the informant within three days |
| Free copy of FIR | Given to the informant or victim free of cost |
| Non-cognizable offences | Not covered under Zero FIR in the same manner |
| Victim-friendly nature | Prevents refusal of FIR by police on territorial grounds |
Zero FIR vs Ordinary FIR
| Basis | Zero FIR | Ordinary FIR |
|---|
| Jurisdiction | Can be registered at any police station irrespective of place of offence | Registered at police station having territorial jurisdiction |
| Purpose | Ensures immediate reporting and prevents delay | Normal registration within jurisdiction |
| Applies to | Cognizable offence | Cognizable offence |
| Transfer | Later transferred to the police station having jurisdiction | Generally no transfer required |
| Victim-friendly nature | High | Normal |
| Basis | Zero FIR | Ordinary FIR |
|---|
| Jurisdiction | Can be registered at any police station | Registered at police station having territorial jurisdiction |
| FIR number | Initially registered without regular jurisdictional number; later transferred | Regular FIR number given by jurisdictional police station |
| Applies to | Cognizable offences | Cognizable offences |
| Purpose | Immediate registration and prevention of delay | Normal investigation process |
| Transfer | Transferred to jurisdictional police station after registration | Usually remains with the same police station |
| Importance | Helps victims who cannot reach the correct police station immediately | Normal procedure for offences within jurisdiction |
| Example | Crime occurs in City A, but victim reports in City B | Crime occurs and is reported in same police station limits |
Key Takeaways from the Tables
| Key Point | Explanation |
|---|
| Zero FIR is for cognizable offences | The words “non-cognizable offence” make Statement 1 incorrect. |
| Territorial jurisdiction is not a barrier | A cognizable offence can be reported at any police station. |
| Electronic reporting is optional | The informant may give information orally or electronically. |
| Preliminary enquiry is conditional | It is allowed only for specified cognizable offences and requires prior permission from a senior officer. |
| Only Statement 2 is correct | Hence, option (d) is the correct answer. |
| Key Point | Explanation |
|---|
| Zero FIR removes territorial barriers | A police station cannot refuse FIR merely because the offence occurred outside its jurisdiction. |
| It applies to cognizable offences | Adding non-cognizable offences in a statement makes it incorrect. |
| Electronic filing is optional | BNSS allows electronic communication, but does not make it compulsory. |
| Signature requirement matters | Electronic information must be signed within three days to be taken on record. |
| Preliminary enquiry is conditional | It is allowed only in specified offences and with senior officer permission. |
| Zero FIR is victim-friendly | It prevents delay in registration and helps preserve evidence. |
Context and Current Relevance
- Zero FIR strengthens victim access to justice by preventing police stations from refusing FIRs on jurisdictional grounds.
- BNSS, 2023 gives statutory clarity to Zero FIR and electronic reporting.
- The provision is especially important in serious offences where delay in registration can weaken investigation and evidence collection.
Table: Cognizable vs Non-Cognizable Offences
| Basis | Cognizable Offence | Non-Cognizable Offence |
|---|
| Police power to arrest | Police can arrest without warrant | Police cannot arrest without warrant |
| Police power to investigate | Police can investigate without prior permission of Magistrate | Police generally need Magistrate’s order to investigate |
| FIR registration | FIR is registered | NCR/non-cognizable report is recorded |
| Seriousness | Usually more serious offences | Usually less serious offences |
| Examples | Murder, rape, kidnapping, theft, robbery | Defamation, simple hurt in some cases, public nuisance in some cases |
| Zero FIR relevance | Applicable | Not applicable in the same way |
Table: Preliminary Enquiry under BNSS Section 173
| Aspect | Correct Position |
|---|
| When permitted? | In specified cognizable offences punishable with imprisonment of three years or more but less than seven years |
| Who may conduct it? | Officer-in-Charge of the police station |
| Permission required? | Yes |
| Permission from whom? | Officer not below the rank of Deputy Superintendent of Police |
| Purpose | To ascertain whether there exists a prima facie case |
| Time limit | Within 14 days |
| Important point | Preliminary enquiry is not a blanket rule for all offences |
| Connection with Zero FIR | Even where Zero FIR is lodged, preliminary enquiry may be initiated if statutory conditions are satisfied |
Table: Common MCQ Traps on Zero FIR
| Statement Type | Correct / Incorrect | Reason |
|---|
| Zero FIR can be lodged at any police station for a cognizable offence | Correct | Territorial jurisdiction is not a barrier |
| Zero FIR can be lodged for cognizable/non-cognizable offences | Incorrect | Inclusion of non-cognizable offence makes it wrong |
| Zero FIR must be filed electronically | Incorrect | Electronic filing is optional, not mandatory |
| Information may be given orally or electronically | Correct | BNSS permits both modes |
| Electronic information must be signed within three days | Correct | Required for taking it on record |
| Police can refuse Zero FIR due to lack of jurisdiction | Incorrect | The purpose of Zero FIR is to prevent such refusal |
| Preliminary enquiry is always compulsory before FIR | Incorrect | It is conditional and limited to specified offences |
| Preliminary enquiry requires permission of senior officer | Correct | Prior permission of officer not below DSP rank is required |
Table: FIR-Related Provisions under BNSS
| Provision / Concept | Meaning |
|---|
| Section 173 | Information in cognizable cases |
| Oral information | Reduced to writing by police and signed by informant |
| Electronic information | Taken on record after being signed within three days |
| Zero FIR | FIR can be registered irrespective of area of offence |
| Free copy | Copy of FIR given free of cost to informant or victim |
| Preliminary enquiry | Permitted in specified cases with prior permission |
| Non-cognizable information | Police record substance and refer informant to Magistrate |
| Victim rights | Easier access to FIR registration and timely investigation |