Hard Applied Logic

Modernization of Criminal Procedure

Analyze Modernization of Criminal Procedure using previous year trends.

Official Question UPSC 2026

Which of the following statements about a Zero First Information Report (Zero FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is/are correct? 1. A Zero FIR can be lodged at a police station, even though the place of commission of a cognizable/non-cognizable offence is outside the territorial jurisdiction of that police station. 2. The Officer-in-Charge of the police station where a Zero FIR has been lodged may, with the permission of the competent authority, initiate a preliminary enquiry. 3. Under Zero FIR, it is obligatory for the informant to furnish information electronically. Select the answer using the code given below:

Solution & Analysis

Answer: D
According to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedural framework for registering complaints relies on precise statutory definitions.
•Statement 1 is Incorrect: As codified in Section 173(1) of the BNSS, a Zero FIR—which mandates police to register a case regardless of territorial jurisdiction—is exclusively applicable to cognizable offences (serious crimes where police can arrest without a warrant). The statement is factually flawed because it includes non-cognizable offences.
•Statement 2 is Correct: A newly introduced safeguard under Section 173(3) of the BNSS permits the Officer-in-Charge to conduct a preliminary enquiry (within a strict 14-day window) for specific cognizable offences punishable by 3 to less than 7 years. However, this is strictly conditional upon obtaining prior permission from an officer not below the rank of Deputy Superintendent of Police.
•Statement 3 is Incorrect: While the BNSS modernizes police procedure, electronic filing is a facilitation, not a mandate. Section 173(1) explicitly states information may be given orally or by electronic communication. If submitted electronically, the informant is legally obligated to sign the record within three days for it to be formally registered.
Conclusion: Only statement 2 reflects the accurate statutory procedure.

Quick Recall

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 modernizes criminal procedure. Under Section 173, Zero FIRs apply strictly to cognizable offences. While electronic filing is permitted, it is not obligatory. Preliminary enquiries for specific offences require permission from a Deputy Superintendent of Police.

Concept Flow Mapping

Zero FIR
Applies To
Cognizable Offences Only
BNSS Section 173(3)
Requires Permission From
Deputy Superintendent of Police
Electronic FIR
Must Be Signed Within
Three Days

Concept Question

Under Section 173 of the BNSS, if an informant files an FIR electronically, within how many days must they physically sign it?

Key Takeaway

Within three days.

Examiner's Trap

The examiner tests precise legal literacy by inserting small, fatal errors: sneaking 'non-cognizable' into the scope of Zero FIRs, and changing a technological 'option' (electronic filing) into a legal 'obligation'.

Core Insight

Cognizable offences are serious crimes (like murder or rape) where police have the power to arrest without a warrant. The Zero FIR mechanism exists precisely to prevent jurisdictional delays in these severe, time-sensitive cases.