Zero FIRs filed in local languages must have translated copy: MHA to UTs

• The MHA gave the directions to UTs last month at a review meeting after the three new criminal laws were rolled out and has since asked them to submit Action Taken Reports.

Highlights:

• In an effort to maintain the legal integrity and efficacy of First Information Reports (FIRs) across India, the Union Ministry of Home Affairs (MHA) has issued a significant directive to the Chief Secretaries and Directors General of Police (DGPs) of Union Territories (UTs).
• The directive mandates that any 'zero FIR' recorded in local languages must be accompanied by an English translation when forwarded to states where different languages are prevalent.
• This measure is crucial in ensuring that FIRs retain their legal value across state boundaries, particularly in the context of India’s newly implemented criminal laws.

Understanding 'Zero FIR' and Its Legal Implications:

• A 'zero FIR' is an important legal tool that allows an FIR to be lodged at any police station, regardless of jurisdiction, especially in cases of cognizable offenses. Once registered, the zero FIR is transferred to the relevant police station, which could be in a different state, for re-registration as a regular FIR.
• The concept of 'zero FIR' was strengthened under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure (CrPC).
• The BNSS, along with the Bharatiya Nyaya Sanhita (which replaced the Indian Penal Code) and the Bharatiya Sakshya Adhiniyam (replacing the Evidence Act), came into force on July 1, 2024, ushering in a new era of criminal law in India.
• The legal framework provided by the BNSS mandates that police stations are now obligated to register zero FIRs, making it a pivotal part of India’s criminal justice system.
• However, the translation of FIRs is critical when they are transferred across states with different official languages to ensure that the content is accurately understood and legally sound during investigations.

Addressing Language Barriers in FIR Registration:

• During a review meeting held last month, chaired by the then Union Home Secretary Ajay Bhalla, officials from various UTs raised concerns about the practical challenges of implementing the new laws.
• One significant issue highlighted was the language barrier. FIRs, often recorded in local languages, could lead to discrepancies or misunderstandings when used in investigations or legal proceedings in states where a different language is used.
• To address this, the MHA directed that all zero FIRs recorded in local languages must be accompanied by an English translation when sent to another state.

Implementation Across Union Territories:

• Following the MHA’s directive, Union Territories have started implementing the necessary changes. The Lakshadweep administration, for instance, has reached out to neighboring states like Karnataka, Kerala, and Goa to utilize their forensic facilities as per Section 176 (3) of the BNSS.
• This section mandates the collection of forensic evidence and video-recording of crime scenes for offenses punishable by seven years or more, ensuring that even remote or resource-constrained regions can adhere to the new legal standards.
• In Chandigarh, efforts have been made to streamline the legal process by designating specific courts to handle cases under the new laws. The administration has also requested additional support for their case information system (CIS), indicating a proactive approach to integrating the new legal framework.
• Similarly, the Andaman and Nicobar Islands have taken steps to bolster their forensic capabilities, including customizing boats to serve as forensic units capable of reaching remote locations.

Prelims Takeaways:

• Bharatiya Nagarik Suraksha Sanhita (BNSS)
• Bharatiya Sakshya Adhiniyam