S.173 BNSS | Police Cannot Refuse To Register FIR On Complaint Sent From Abroad If Cognizable Offence Made Out: Kerala High Court
The Kerala High Court has held that the police cannot refuse to register an FIR (First Information Report) if a cognizable offence is made out, even in cases where the complaint was forwarded from a foreign country.
Facts
The petitioner is an Indian citizen, who is residing in Australia. In 2020, she had sent a complaint against her husband (Annexure A7), which was emailed to the Director General of Police (DGP), Kerala. Even though the DGP had forwarded the complaint to the Muttom Police Station, which is the jurisdictional police station, no action was taken.
The Station House Office (SHO), thereafter, informed the petitioner by letter (Annexure A9) that an unsigned complaint sent through e-mail cannot be accepted and that as the petitioner is residing at Australia, her personal presence cannot be secured.
Aggrieved by the inaction of the police in registering her complaint, the petitioner filed a petition challenging Annexure A9.
Finding
In the judgment, Dr. Justice Kauser Edappagath observed that the concept of 'Zero FIR' has been given statutory recognition by virtue of Section 173 of the Bharatiya Nyaya Sanhita (BNSS), 2023.
“Zero FIR has been introduced with the primary purpose of ensuring that victims can file complaints regardless of jurisdiction. Therefore, the police cannot refuse to register an FIR if a cognizable offence is made out in the complaint, even if the complaint is forwarded from a foreign country,” the Court observed.
For context, as per Section 173 BNSS, an officer in charge of a police station has the duty to record an information relating to the commission of a cognizable offence irrespective of the area where the offence is committed, whether such information was given orally or electronically.
Based on the submission given by the petitioner that she was prepared to give a fresh complaint, the Single Judge disposed of the petition. However, a clear direction was given to the SHO of Muttom Police Station that it must act upon the complaint, if any, made out by the petitioner in light of the procedure under Section 173 BNSS.
Case Title: XXX v. State of Kerala and Ors.
Case No: Crl.M.C. No. 4778 of 2020
Counsel for the petitioners: T.B. Shajimon, Govindu P. Renukadevi, Sajeev T.P.
Counsel for the respondents: E.C. Bineesh - Sr.Public Prosecutor