Picture this: you have just been robbed while travelling through an unfamiliar city, and the nearest police station tells you to go elsewhere because the crime “did not happen in their area.” For decades, this was the harsh reality for crime victims across India. Thankfully, the law has changed. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, every police station is now bound to register your complaint immediately, regardless of jurisdiction, through what is known as a Zero FIR. Alongside it, the law also recognises the e-FIR, a way to report a cognizable offence electronically without stepping into a police station at all.

This guide breaks down both concepts in plain language: what they mean, who can file them, the exact process to follow, and what you can legally do if a police officer refuses to register your complaint.

Table of Contents

1. What is Zero FIR?
2. Who can file a Zero FIR?
3. How to file a Zero FIR?
4. Remedies for Non-Registration of Zero FIR
5. What is e-FIR?
6. Who can file an e-FIR?
7. How to file an e-FIR?
8. Remedies for Non-Registration of e-FIR
9. FAQs
10. Conclusion

What is Zero FIR?

A Zero FIR is a First Information Report that can be lodged at any police station in India, no matter where the crime actually took place. It gets its name from the fact that the receiving station does not assign it a regular, sequential FIR number. Instead, it is recorded with the number “0” and later transferred to the police station that has actual territorial jurisdiction over the offence, where it is given a proper FIR number and taken up for investigation.

The concept exists so that a victim never has to run from one police station to another simply because of jurisdictional technicalities. Once the crime information is recorded as a Zero FIR, the receiving station must take basic preliminary steps, such as recording the complaint and, in urgent cases, arranging medical aid or first response, before forwarding the file to the correct station.

The idea gained legal recognition after the 2013 Justice Verma Committee report, formed in response to the Delhi gang rape case, which recommended that police should not be allowed to turn away a victim on jurisdictional grounds. It later found real-world relevance in high-profile matters like the Sushant Singh Rajput case, where the FIR was registered in Patna even though the death occurred in Mumbai. Today, Zero FIR has been given clear statutory backing under Section 173(1) of the BNSS, 2023, which replaced Section 154 of the erstwhile Code of Criminal Procedure (CrPC).

It is important to note that a Zero FIR can only be filed for a cognizable offence, meaning a serious crime such as theft, assault, rape, or murder, where police have the authority to investigate and arrest without prior magistrate approval.

Who can file a Zero FIR?

Anyone with knowledge of a cognizable offence can file a Zero FIR. This includes:

• The victim of the crime
• An eyewitness or informant who has direct knowledge of the incident
• A family member or relative acting on behalf of the victim
• Any other person who becomes aware of the offence, even if not directly connected to it

There is no requirement that the person filing the complaint must reside within the jurisdiction of the police station where they are filing it, or that the offence must have occurred nearby. The whole purpose of a Zero FIR is to remove that barrier.

How to file a Zero FIR?

Filing a Zero FIR follows nearly the same steps as filing a regular FIR, with one key difference: you can walk into any police station in the country.

1. Go to the nearest police station. It does not matter whether the crime occurred in that station’s jurisdiction or in another city or state altogether.
2. State that you want to file a Zero FIR. Clearly tell the officer that the incident occurred outside their jurisdiction and that you are exercising your right to register it there under Section 173(1) of the BNSS.
3. Narrate the facts of the incident. Provide details such as the date, time, location, names of persons involved (if known), and a clear description of what happened.
4. Get it recorded and read it back. The officer must record the information, read it back to you for accuracy, and note it down either orally or through the written complaint you submit.
5. Sign the FIR. Once you confirm the details are correct, sign the document. The complaint will be registered with the number “0” instead of a regular FIR number.
6. Collect your free copy. Under the law, you are entitled to a copy of the FIR free of cost. Keep this safe as proof of registration.
7. Follow up with the transferee station. The Zero FIR will be forwarded to the police station with actual jurisdiction. It is a good practice to follow up there within a reasonable time to confirm it has been received and assigned a regular FIR number.

For serious or time-sensitive matters, such as sexual offences, cybercrime involving financial fraud, or assault, filing without delay is critical, since early action can help preserve evidence and, in cybercrime cases, allow authorities to freeze fraudulent transactions before the money moves further.

Remedies for Non-Registration of Zero FIR

Despite the clear legal mandate, some officers still hesitate or refuse to register a Zero FIR, often citing jurisdiction as an excuse even though the law expressly overrides that objection. If this happens, you have several options:

• Escalate to the Superintendent of Police (SP). Under Section 173(4) of the BNSS, you can send a written complaint, by post or in person, to the SP or Commissioner of Police of that district. If the SP is satisfied that the information discloses a cognizable offence, they must either investigate it personally or direct another officer to do so.
• Approach the jurisdictional Magistrate. If the SP route does not yield results, you can move an application before the Magistrate under Section 175(3) of the BNSS, supported by an affidavit, requesting that an investigation be ordered.
• Rely on binding Supreme Court precedent. In the landmark case of Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held in clear terms that registration of an FIR is mandatory when the information discloses a cognizable offence, and that police officers have no discretion to refuse it. This ruling continues to apply under the BNSS framework.
• File a complaint against the erring officer. Refusal to register a valid complaint can attract action under Section 199 of the Bharatiya Nyaya Sanhita (BNS), 2023, along with internal disciplinary proceedings against the officer.
• Document everything. Note down the officer’s name, rank, the police station, the date and time of your visit, and the exact reason given for refusal. This record strengthens your case at every stage of escalation.

Courts have generally held that a complainant should first attempt the SP-level remedy before directly approaching a Magistrate, so following the escalation ladder step by step, rather than skipping straight to court, tends to work in your favour.

What is e-FIR?

An e-FIR is the electronic version of a First Information Report. Instead of physically visiting a police station, a person can report a cognizable offence through an online police portal, email, or another form of electronic communication recognised by the state police department.

Section 173(1)(ii) of the BNSS explicitly allows information about a cognizable offence to be given electronically. This is a significant departure from the earlier CrPC regime, which mostly assumed FIRs would be lodged in person or in writing at a station. However, there is an important condition: once you submit information electronically, you are required to visit the police station and sign the recorded statement within three days for it to be formally treated as a registered FIR. Until that signature is completed, the electronic complaint remains provisional.

Most states now run their own e-FIR or citizen portals, often integrated with the Crime and Criminal Tracking Network and Systems (CCTNS), which is the backbone connecting police stations across India digitally. A notable recent development is the e-Zero FIR initiative launched by the Indian Cybercrime Coordination Centre (I4C) under the Ministry of Home Affairs, which automatically converts cybercrime financial fraud complaints reported on the National Cybercrime Reporting Portal into Zero FIRs, cutting down the time between reporting and formal registration.

Who can file an e-FIR?

The eligibility for filing an e-FIR mirrors that of a regular or Zero FIR. It can be filed by:

• The victim of the offence
• A witness or any person with knowledge of the crime
• A family member reporting on behalf of the affected person
• Any citizen who wishes to report a cognizable offence they became aware of, especially in categories like cybercrime, online fraud, or theft where physical evidence at a police station is not immediately required

Certain categories of offences, particularly cybercrime and financial fraud, are especially suited to e-FIR filing because speed matters more than physical presence. The sooner a complaint is logged, the sooner authorities can act to trace transactions or block accounts.

How To File an e-FIR?

1. Visit the official state police portal or the National Cybercrime Reporting Portal. Most states maintain a dedicated citizen portal for online complaints; cybercrime and financial fraud complaints can also be filed at cybercrime.gov.in.
2. Register or log in. You will usually need to verify your identity through a mobile number and OTP.
3. Select the appropriate complaint or offence category. Choose the option relevant to your situation, such as theft, cybercrime, or a general cognizable offence.
4. Fill in the incident details. Provide the date, time, and place of occurrence, along with a clear and factual description of what happened.
5. Upload supporting evidence. Attach any relevant documents, screenshots, transaction records, or photographs that support your complaint.
6. Submit and save the acknowledgement number. This reference number lets you track the status of your complaint online.
7. Visit the police station within three days to sign the statement. This step is mandatory under Section 173(1)(ii) of the BNSS. Without your signature on the recorded statement within this window, the electronic complaint does not attain the status of a formally registered FIR.
8. Track your complaint status. Use the acknowledgement or complaint number provided to check for updates on the portal.

Filing an e-FIR does not cost anything. It is a free service, and no police official is permitted to demand payment for registering it. A nominal fee may apply only later, for certified copies in some states.

Remedies for Non-Registration of e-FIR

If your e-FIR is ignored, not converted into a formal FIR, or if the police station refuses to act on it even after you visit to sign the statement, the same remedies available for a Zero FIR apply here as well:

• Send a written representation to the Superintendent of Police under Section 173(4) of the BNSS, describing the complaint you filed online, the acknowledgement number, and the lack of action taken.
• Approach the Magistrate under Section 175(3) of the BNSS if the SP-level escalation does not result in registration or investigation.
• Use the Lalita Kumari precedent to remind authorities that registration is mandatory once a cognizable offence is disclosed, whether the information was given orally, in writing, or electronically.
• Report cyber-specific complaints through the I4C’s escalation matrix, since cybercrime portals often have their own internal grievance redressal mechanism in addition to the standard police escalation ladder.
• Keep your acknowledgement number and screenshots safe. These serve as proof that you reported the offence within the legal timeframe, which matters for both investigation and any later court proceedings.

FAQs

Is there any fee to file a Zero FIR or e-FIR?

No. Filing an FIR, whether a Zero FIR or an e-FIR, is completely free of cost under Indian law.

Can a Zero FIR be filed for any type of offence?

No, it can only be filed for cognizable offences, which are serious crimes where police can investigate and arrest without a magistrate’s prior order.

What happens after a Zero FIR is registered?

It is transferred to the police station with actual territorial jurisdiction, where it is assigned a regular FIR number and investigation continues.

Do I need to visit a police station after filing an e-FIR?

Yes, you must sign the recorded statement at a police station within three days for the e-FIR to be treated as a valid, registered FIR.

What law governs Zero FIR and e-FIR today?

Both are governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 154 of the CrPC from 1 July 2024.

What if the police still refuse to register my complaint?

You can escalate in writing to the Superintendent of Police under Section 173(4) of the BNSS, and if that fails, approach the Magistrate under Section 175(3).

Is refusing to register a valid FIR punishable?

Yes, an officer who wrongfully refuses to record a cognizable offence can face action under Section 199 of the BNS and departmental disciplinary proceedings.

Conclusion

Zero FIR and e-FIR exist for one simple reason: justice should not depend on which side of a jurisdictional line a crime happened to occur on, or whether a victim can physically reach the right police station in time. A Zero FIR guarantees that any police station in India must register a cognizable offence and forward it correctly, while an e-FIR lets you report a crime the moment it happens, from wherever you are, as long as you follow up with your signature within three days.

Knowing these rights matters, because delays in reporting a crime can mean lost evidence, lost time, and in the case of financial fraud, lost money. If a police officer ever refuses to register your complaint, remember that the law is squarely on your side: escalate to the Superintendent of Police, and if needed, approach the Magistrate. No officer has the discretion to turn away a genuine complaint of a cognizable offence, and the courts have repeatedly upheld this right for every citizen.

If you or someone you know is unsure how to proceed, consulting a criminal lawyer or reaching out to NALSA’s free legal aid helpline can help you take the right first step without unnecessary delay.