The Kerala High Court recently ruled that police cannot refuse to register a First Information Report (FIR) for a cognizable offense, even if the complaint originates from a foreign country. This ruling came in a case where an Indian citizen residing in Australia, the petitioner, filed a complaint against her husband via email to the Director General of Police (DGP), Kerala, in 2020.
Despite the DGP forwarding the complaint to the jurisdictional Muttom Police Station, no action was taken. The Station House Officer (SHO) informed the petitioner that an unsigned email complaint couldn’t be accepted and that her personal presence was required, which was difficult due to her residence in Australia.
Aggrieved by the police’s inaction, the petitioner challenged the SHO’s decision. Dr. Justice Kauser Edappagath, in the judgment, highlighted that the concept of “Zero FIR” is now statutorily recognized under Section 173 of the Bharatiya Nyaya Sanhita (BNSS), 2023.
The Court emphasized that Zero FIR aims to allow victims to file complaints regardless of jurisdiction. Therefore, police cannot refuse to register an FIR if a cognizable offense is disclosed, even if the complaint is sent from abroad. Section 173 BNSS mandates police officers to record information about cognizable offenses regardless of where the crime occurred or how the information was received (orally or electronically).
The Single Judge disposed of the petition after the petitioner agreed to file a fresh complaint. However, a clear directive was issued to the Muttom Police Station SHO to act upon any complaint filed by the petitioner, strictly following the procedure outlined in Section 173 BNSS.
The case was titled XXX v. State of Kerala and Ors. (Crl.M.C. No. 4778 of 2020).
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