A.Dear Client,
Vide Letter No. 15011/91/2013-SC/ST-W dated 12th October, 2015, The Ministry of Home Affairs (MHA) recommends that FIRs must be compulsorily registered in the Police Station irrespective of the territorial jurisdiction. In a recent development, a Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P.[1] held that if the information discloses the commission of a cognizable offense, then registration of FIR is compulsory under Section 154 of the Code of Criminal Procedure. Therefore, it is clear that one does not need to lodge an FIR only at the police station within the limits of which the crime occurred. A zero FIR can be registered in any police station where information about a cognizable offense is received, irrespective of whether it has territorial jurisdiction or not. Zero FIR can only be registered but it is not numbered. With respect to zero FIR, the police can take the necessary steps and start an investigation of the offense. If the officer is then of the opinion that the cause of action did not arise within his jurisdiction, it can be sent to the appropriate police station along with the investigation report and evidence, if any. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation. Crimes like murder(Sec.302 IPC), rape(Sec.376 IPC) and accidents require immediate action from the concerned police authorities so that they take appropriate samples, eyewitnesses and other circumstantial details. Zero FIR allows the authorities to pen down the initial action taken rather than trying to figure out what had happened at the crime scene initially. Take, for example, the famous Aasaram Bapu Rape case. In the FIR, the place of occurrence of the offense falls under the jurisdiction of Jodhpur, Rajasthan but the Police Station Kamla Market, Delhi registered the FIR, and then transferred it to Jodhpur, for further investigation. Then Jodhpur police took up the investigation. Depending upon the complexity of the case, the transfer of Zero FIR from one police station to another varies from state to state.
Vide Letter No. 15011/91/2013-SC/ST-W dated 12th October, 2015, The Ministry of Home Affairs (MHA) recommends that FIRs must be compulsorily registered in the Police Station irrespective of the territorial jurisdiction. In a recent development, a Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P.[1] held that if the information discloses the commission of a cognizable offense, then registration of FIR is compulsory under Section 154 of the Code of Criminal Procedure. Therefore, it is clear that one does not need to lodge an FIR only at the police station within the limits of which the crime occurred. A zero FIR can be registered in any police station where information about a cognizable offense is received, irrespective of whether it has territorial jurisdiction or not. Zero FIR can only be registered but it is not numbered. With respect to zero FIR, the police can take the necessary steps and start an investigation of the offense. If the officer is then of the opinion that the cause of action did not arise within his jurisdiction, it can be sent to the appropriate police station along with the investigation report and evidence, if any. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation. Crimes like murder(Sec.302 IPC), rape(Sec.376 IPC) and accidents require immediate action from the concerned police authorities so that they take appropriate samples, eyewitnesses and other circumstantial details. Zero FIR allows the authorities to pen down the initial action taken rather than trying to figure out what had happened at the crime scene initially. Take, for example, the famous Aasaram Bapu Rape case. In the FIR, the place of occurrence of the offense falls under the jurisdiction of Jodhpur, Rajasthan but the Police Station Kamla Market, Delhi registered the FIR, and then transferred it to Jodhpur, for further investigation. Then Jodhpur police took up the investigation. Depending upon the complexity of the case, the transfer of Zero FIR from one police station to another varies from state to state.
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A.Dear,
The time it takes for an FIR (First Information Report) registered under Section 376 of the Indian Penal Code (IPC), which deals with sexual offenses, to be transferred to another state can vary depending on several factors, including the nature of the case, the cooperation of law enforcement agencies, and the legal procedures involved.
Transferring an FIR to another state typically involves coordination between the police in both states and may require the approval of higher authorities
Regards
The time it takes for an FIR (First Information Report) registered under Section 376 of the Indian Penal Code (IPC), which deals with sexual offenses, to be transferred to another state can vary depending on several factors, including the nature of the case, the cooperation of law enforcement agencies, and the legal procedures involved.
Transferring an FIR to another state typically involves coordination between the police in both states and may require the approval of higher authorities
Regards
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