In the interpretation of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Kerala High Court has held that Zero FIRs can be registered based on complaints sent via email—even from abroad—and even without a physical signature. The ruling provides major relief to complainants who are outside India or are unable to physically visit a police station, ensuring that access to justice is not hindered by technicalities.
The Court was addressing a case where police had refused to register an FIR, citing the complainant’s foreign location and the lack of a signed hard copy of the complaint. Justice observed that such rejection is contrary to the intent of Section 173 of the BNSS, which mandates prompt registration of an FIR if a cognizable offence is disclosed.
Email Complaints Valid for FIR: Territorial Limits No Bar
The Court clarified that territorial jurisdiction or absence of a signature cannot be cited by police as valid reasons to deny FIR registration. If a complaint clearly points to the commission of a cognizable offence, police are duty-bound to act, regardless of how or where the complaint originated.
“Formal defects such as lack of signature or complainant’s location abroad cannot override the statutory mandate of Section 173 BNSS,” the Court said.
The concept of a Zero FIR, originally developed under the previous criminal procedure regime, has now found statutory backing in the BNSS. It allows a complaint to be registered at any police station, irrespective of where the offence occurred, with the case later transferred to the appropriate jurisdiction.
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A Progressive Step Towards Victim-Centric Policing
This judgment is being hailed as a progressive and victim-friendly interpretation of the law. Legal experts believe it will significantly aid victims of crimes such as cybercrime, domestic violence, and financial fraud, especially Non-Resident Indians (NRIs) and those who face challenges in accessing local law enforcement.
By reinforcing the duty of police to act on the substance of the complaint, rather than its format, the Kerala High Court has taken a firm stand against procedural roadblocks in the first response phase of criminal justice.