UPSC Prelims 2026 Q62: Zero FIR under BNSS 2023 — Explained
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.
- 1, 2 and 3
- 2 and 3 only
- 1 only
- 2 only
Answer: (d) 2 only
Statement-wise explanation
- 1: incorrect — Section 173(1) of the BNSS covers information about a cognizable offence only. Such information can be given to a police station 'irrespective of the area where the offence is committed'. Information about a non-cognizable offence is handled under Section 174 instead: the officer enters its substance in a register and refers the informant to the Magistrate. Because the statement says 'cognizable/non-cognizable', it is wrong.
- 2: correct — Section 173(3) of the BNSS applies when the information concerns a cognizable offence punishable with three years or more but less than seven years. In such cases the officer in charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry. The enquiry must be finished within 14 days and checks whether a prima facie case exists. The power belongs to the officer in charge of the station that receives the information, so it covers information given under the Zero FIR provision too.
- 3: incorrect — Section 173(1) says information 'may be given orally or by electronic communication'. Electronic filing is an option, not a duty. When information is given electronically, it is taken on record once the informant signs it within three days.
How to eliminate
Statement 3 can be struck out from the wording alone. 'Obligatory' to file electronically would shut out people without internet access, and that goes against the reason Zero FIR exists: easy access for victims. Once Statement 3 is out, only two options are left, '1 only' and '2 only'. Statement 1 looks familiar ('any police station, whatever the place of crime'), but it adds 'non-cognizable'. FIRs, Zero FIR included, are only for cognizable offences, and that one word makes the statement wrong. Statement 2 needs the fact itself: Section 173(3) BNSS allows a preliminary enquiry for offences punishable with 3 to 7 years, with permission from an officer of DSP rank or above, to be finished in 14 days. Learn the core rule: FIR = cognizable only, electronic = optional, preliminary enquiry = 3–7 years + DSP permission + 14 days.
Know more
Zero FIR lets a victim report a cognizable offence at any police station, whatever the place of the crime. The station registers it (it was traditionally given the number 'zero') and transfers it to the police station that has jurisdiction. Courts had already recognised the practice. BNSS Section 173 has now written it into the statute. The three new criminal laws came into force on 1 July 2024.
Section 173 BNSS (Information in cognizable cases): key features
| Provision | What it says |
|---|---|
| 173(1) | Information on a cognizable offence can be given at any station, irrespective of area, orally or by electronic communication |
| 173(1) e-information | Taken on record once the informant signs it within 3 days |
| 173(2) | Informant gets a free copy of the FIR |
| 173(3) | Offences punishable with 3 to under 7 years: preliminary enquiry possible with DSP-level permission, finished within 14 days |
| 173(4) | If the officer in charge refuses to record the information, the informant can approach the Superintendent of Police |
Cognizable vs non-cognizable
| Cognizable | Non-cognizable | |
|---|---|---|
| Arrest without warrant | Yes | No |
| Investigation | Without a Magistrate's order | Needs a Magistrate's order |
| Recording | FIR (Sec 173) | Entered in a register, informant referred to a Magistrate (Sec 174) |
Preliminary enquiry vs FIR. Under Lalita Kumari (2013), the Supreme Court held that registering an FIR is mandatory when a cognizable offence is disclosed. It allowed preliminary enquiries only in narrow categories. BNSS 173(3) now permits a time-bound enquiry by statute for mid-range offences (3–7 years).
e-FIR / e-Zero FIR. Electronic reporting is optional. In 2025 the MHA's I4C piloted an 'e-Zero FIR' in Delhi. Under the pilot, cyber-financial fraud complaints above ₹10 lakh are converted into FIRs automatically.
In the news
The three new criminal laws, including the BNSS, came into force on 1 July 2024. Since then the government has kept publicising Zero FIR and e-FIR as flagship victim-centric reforms. In 2025 the MHA's I4C launched an e-Zero FIR pilot for cyber-financial frauds, which kept the topic in the news before Prelims 2026.
NCERT Concepts to Revise
- Zero FIR: The whole question is about the scope and conditions of a Zero FIR under the BNSS.
- Cognizable offence: Statement 1 depends on which category of offence a Zero FIR can be filed for.
- Non-cognizable offence: Statement 1 mentions non-cognizable offences, so you need to know how they are reported differently.
- e-FIR: Statement 3 asks how electronic reporting of an FIR works under the BNSS.
- First Information Report: A Zero FIR is a kind of FIR, so the basic idea of an FIR is the starting point.
- Bharatiya Nagarik Suraksha Sanhita 2023: All three statements test provisions of Section 173 of the BNSS, 2023.