ZERO FIR IS PROGRESSIVE BUT NOT ENOUGH: SURVIVORS' PROCEDURAL TRAUMA

Why In News?

Experts highlights that while the BNSS provision for a "Zero FIR" improves initial reporting access, it fails to protect sexual assault survivors from severe procedural and economic trauma during the subsequent investigation.

What Is A Zero FIR?

• Definition: A Zero FIR is a First Information Report that any police station must register for a cognisable offence, regardless of where the crime took place.  

• Why "Zero": It is numbered zero because the receiving station lacks territorial jurisdiction. It is then transferred to the police station that has jurisdiction, where it is registered as a regular FIR.  

• Purpose: It prevents survivors from being turned away over jurisdiction, which can cause dangerous delays in evidence collection and medical care.  

Legal Basis

• Section 173(1) BNSS: The BNSS, in force since 1 July 2024, gives statutory backing to Zero FIR. Information about a cognisable offence can be given "irrespective of the area where the offence is committed".  

• e-FIR: Information can also be given electronically. It must be signed by the informant within three days to be registered as an FIR. 

• Before BNSS: Zero FIR existed earlier through court rulings and Ministry of Home Affairs advisories, but without explicit statutory backing. 

Free Mentorship Need Guidance for UPSC / WBCS / State PSC?
100% Free & Confidential • Quick Callback
Request Callback

• Standard Operating Procedure (SOP): The Bureau of Police Research and Development (BPR&D) issued an SOP on Zero FIR and e-FIR covering transfer to the jurisdictional police station.  

What Victim-Friendly Provisions Does The New Law Contain?

What Is "Procedural Trauma"?

Secondary Victimisation: Procedural trauma, also called secondary victimisation, is the further harm survivors suffer from the justice system itself after the original crime.

Common Forms

• Refusal To Register FIRs: Despite the law, police sometimes refuse or delay FIRs, or send survivors to other stations.  

• Repeated Narration: Survivors may have to retell the assault many times, to police, doctors, magistrates and courts. 

• Insensitive Questioning: Victim-blaming questions about clothing, character or past relationships deepen trauma. 

• Invasive Medical Examination: Poorly conducted examinations can feel like another violation.  

• Breach Of Privacy: Leaking a survivor's identity can lead to stigma and threats. 

• Long Trials: Years of court proceedings and cross-examination keep survivors reliving the trauma.  

Why Is Zero FIR "Not Enough"?

Gaps In The Law

• No Statutory Transfer Timeline: Section 173 enables Zero FIR but does not itself prescribe how quickly it must be transferred. Transfer depends on the SOP and administrative practice, which can lead to delays. 

• Registration Is Only The First Step: A Zero FIR ensures a case is registered, but it cannot fix slow investigation, weak evidence or hostile court processes. 

Gaps In Practice

• Continued Refusals: Courts continue to find that police fail to register Zero FIRs and mistreat survivors. 

• Example: In a recent public interest case, a Jharkhand High Court noted that police officers were not registering Zero FIRs for sexual offences despite the BNSS provision, and directed wide-ranging reforms in investigation, compensation and survivor support.  

• Lack Of Training: Many police personnel are not trained in trauma-informed handling of survivors. 

• Shortage Of Women Officers: Women made up only about 12% of India's police force, which makes it harder to ensure women officers record statements.

Gaps In Support Services

• Weak Support Systems: One Stop Centres, counselling, legal aid and shelter services are uneven across districts.  

• Delayed Compensation: Survivors often wait a long time for interim compensation.  

What Have Courts Said?

What Are The Key Challenges?

Police Attitudes And Capacity

• Victim-Blaming Culture: Social stigma and patriarchal attitudes affect how survivors are treated.  

• Overburdened Police: High workloads and low staffing reduce the time and care given to survivors. 

Forensic And Medical Gaps

• Delays In Evidence: Slow medical examinations and forensic reports weaken cases. 

• Example: In the 2020 Hathras case in Uttar Pradesh, delays in recording the complaint and collecting forensic evidence drew national criticism and showed how procedural lapses can affect justice.  

Fragmented Systems

• Poor Coordination: Police, hospitals, forensic labs, prosecutors and courts often work in isolation.  

Low Conviction And High Pendency

• Long Trials: Heavy backlogs delay justice, even with Fast Track Special Courts. 

What Is The Way Forward?

Make Zero FIR Work Fully

• Statutory Transfer Timeline: Amend the law or rules to set a strict deadline for transferring Zero FIRs, with accountability for delays. 

• Enforce Penalties: Act firmly against officers who refuse to register FIRs, under Section 199 BNS.  

Trauma-Informed Policing

• Training: Train police, doctors and prosecutors in trauma-informed, survivor-centred approaches.  

• More Women Officers: Increase the number of women in the police and set up Women Help Desks in all police stations.

Integrated Support Services

• One-Stop Support: Strengthen One Stop Centres (Sakhi), launched in 2015, which provide medical, legal, police and counselling support under one roof.  

• Learn From Global Models: Integrated centres reduce repeated retelling.  

• Example: The United Kingdom's Sexual Assault Referral Centres (SARCs) offer medical care, forensic examination and counselling in one place, so survivors do not have to move between agencies. 

Reduce Repeated Narration

• Single Recorded Statement: Use video recording of statements under Section 176 so that survivors do not have to repeat their account. 

• Safe Testimony In Court: Use Vulnerable Witness Deposition Centres, as directed by the Supreme Court in 2022. 

Timely Compensation

• Interim Relief: Courts should assess and grant interim compensation immediately after the FIR is registered.  

Conclusion

Zero FIR has removed a major barrier to reporting sexual violence, but registration is only the first step in a survivor's long journey through the justice system. Ending procedural trauma requires trauma-informed policing, integrated support services, faster forensics and courts, and firm accountability for officers who fail survivors.

Source: INDIANEXPRESS