E‑FIR, Zero FIR & FIR vs Complaint

In recent years, Indian criminal procedure has evolved to accommodate modern exigencies. Under the Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023, two pivotal reforms, Zero FIR and e‑FIR, have been introduced, redefining access to justice.

A Zero FIR enables any individual to report a cognizable offense at any police station, regardless of territorial jurisdiction. Originally developed post‑Nirbhaya, this ensures immediate redressal for serious crimes like rape or murder. The station registers an FIR numbered ‘0’ and swiftly transfers it to the correct jurisdiction for investigation.

e‑FIR facilitates FIR registration via online platforms. Complainants submit details electronically, and the police officer logs the information in the e‑FIR register. Within three days, the FIR must be formally recorded and acknowledged.

Distinguishing FIRs from Complaints is central to legal strategy. An FIR, mandated under Section 154 CrPC (now BNSS) for cognizable offences, is a binding document compelling the police to investigate. It can be filed orally or in writing and includes specific details about the incident, the accused, and other offenses.

Conversely, a Complaint, under CrPC Section 2(d), is an allegation made to a magistrate or police, which may concern cognizable or non‑cognizable offences. It does not trigger automatic investigation; judicial discretion determines further action.

Conclusion

Zero FIR and e‑FIR reflect crucial procedural enhancements that strengthen access to justice. However, the substantive legal distinction between an FIR and a complaint remains foundational. From a legal standpoint, clients must be educated on these mechanisms to safeguard their rights effectively.