When should regular FIR and Zero FIR be registered? Delhi High Court answers

The Delhi High Court recently held that if one of the incidents pertaining to a larger crime takes place within the jurisdiction of a police station, then a regular FIR should be registered at that station..Justice Subramonium Prasad observed that "failure to register a regular FIR costs precious time that could be utilised in conducting the investigation and can also lead to destruction of important evidence.".The Court was hearing a case filed by a victim who alleged that she was sexually assaulted and raped by her cousin between 2008-2019 at different places. The police had initially refused to register an FIR after the victim made a complaint in July 2019. It was only after the Metropolitan Magistrate urged the police to file an action taken report that the GTB Enclave Police Station lodged a Zero FIR and transferred the investigation to Indirapuram Police Station in Ghaziabad.The police claimed that as the time, date and place of the alleged incidents had not been explicitly mentioned by the petitioner, the FIR could not be registered by the GTB Enclave police..Before the High Court, the petitioner challenged the transfer of the FIR filed in the case from GTB Enclave Police Station, where one of the alleged incidents of rape took place, to Indirapuram Police Station. Counsel for the petitioner argued that the GTB Enclave Police Station unlawfully transferred the investigation to Ghaziabad, and that apart from registering an FIR against the accused persons, there was no progress in the case. It was also alleged that the petitioner's applications for preservation of evidence filed before the trial court were kept pending without passing any appropriate order. This affected the petitioner's right to free and fair trial even as she was constantly being threatened by the accused, thus making it difficult for her to pursue the case, the counsel submitted..Counsel for the State submitted that the trial court was not empowered to direct the GTB Enclave Police Station to conduct a parallel investigation or to transfer the investigation from Indirapuram Police Station. Further, the Court was informed that when the petitioner was contacted and asked to join the inquiry, she did not respond to the calls.During the medical examination, the petitioner revealed that the last sexual encounter had taken place at Indirapuram, the Court was told. Moreover, she did not provide the address of the place where the incident took place within the jurisdiction of the GTB Enclave Police Station, or the time and date of the incident..After hearing the parties, the Court noted that if any information relating to the commission of any cognizable offence is received by a police station, it is duty bound to register the FIR. However, if the crime does not occur within the jurisdiction of the said police station, then after registration of the Zero FIR, the same has to be transferred to the concerned police station having jurisdiction. "The place of crime and jurisdiction of the police station becomes irrelevant when a cognizable offence is disclosed, and the police station is obligated to instantly transfer the pertinent documents over to the police station vested with the jurisdiction which numbers the FIR and begins the investigation.".The Court also explained the difference between a regular FIR and a Zero FIR, "...the only difference between 'FIR' and 'Zero FIR' is that an FIR is registered where the incident has occurred within the jurisdiction of a particular Police Station, and a zero FIR can be lodged at any Police Station irrespective of where the incident has taken place."Further, the Court noted that a Zero FIR is more efficient and is meant to provide quick redressal to the victim so that timely action can be taken after registration of the FIR..The Court also noted that the material on record showed that one of the incidents of forceful sexual assault had taken place in the GTB Enclave area. Therefore, the GTB Enclave Police Station was obligated to register a regular FIR and not a Zero FIR, the Court held." The Police Station GTB Enclave was obligated to register an FIR and not a “Zero FIR”, and not delve into whether the Petitioner resided in the city or what was the specific time, date and place of the alleged incident. By embarking on the journey of trying to get the investigation transferred to Ghaziabad, U.P., Police Station GTB Enclave has displayed a failure in dispensation of their obligation to take into account the seriousness and gravity of the offence that has been disclosed by the Petitioner in the complaint. ".The Court also lamented that it is unfortunate that institutions which are supposed to protect the life and liberty of common citizens are quick to shirk their responsibilities."This invariably weakens the trust of common citizens that is imposed in these investigative agencies," the order stated..In light of these observations, and in exercise of its powers under Section 482 of the Code of Criminal Procedure, the Court directed for the registration of a regular FIR at the GTB Enclave Police Station..[Read Judgment]