Zero FIR in India: Jurisdictional Flexibility and Transformative Constitutionalism

Read full text
Authors: Rishabh Jadam, Dr. Suman Paliwal
Cited by: 0

Abstract

The doctrine of Zero FIR represents a transformative development in Indian criminal procedure, dismantling territorial barriers that historically impeded access to justice. Traditionally, police refusal to register First Information Reports (FIRs) on grounds of territorial jurisdiction resulted in delay, evidentiary loss, and secondary victimization. Zero FIR permits registration of a cognizable offence at any police station, irrespective of jurisdiction, with subsequent transfer to the appropriate authority. Though initially judicially evolved, the principle now finds statutory consolidation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This article undertakes a doctrinal and constitutional analysis of Zero FIR, situating it within access-to-justice theory, victimology, and transformative constitutionalism. It critically examines implementation deficits, institutional resistance, and normative tensions between victim rights and due process. The article argues that Zero FIR reflects a paradigmatic shift from procedural formalism toward rights-based criminal justice, yet its transformative promise depends upon sustained institutional reform.

Fields of Study & Subjects

Criminal Law and Policy Criminal Law and Evidence Legal processes and jurisprudence

Publication details

Journal / source
International Journal For Multidisciplinary Research
Volume
8
Issue
1
Publication date
26 February 2026
Language
EN