‘Zero FIR’ In Manipur Sexual Assault: What Is It? How Does It Work?

The Manipur police on Thursday arrested four people, who were allegedly part of a mob that paraded and assaulted three women after stripping them on May 4.

Police swung into action, 63 days after a Zero First Information Report (FIR) was registered and days after a video of it in which the women could be seen being paraded naked went viral on social media.

While the incident took place on May 4, just a day after ethnic violence erupted in the state, word of the incident has spread after a two month delay, bringing back the nation's attention to the ongoing ethnic clash in Manipur.

"Four main accused arrested in the Viral Video Case: 3 (three) more main accused of the heinous crime of abduction and gangrape under Nongpok Sekmai PS, Thoubal District have been arrested today. So a total 4 (four) persons have been arrested till now," the Manipur Police tweeted.

Following the arrest, Chief Minister N Biren Singh took to Twitter to report that "suo motu" action after the video surfaced had led to the first arrest in the case.

In view of the same, let us have a brief look at what a zero FIR means.

What is Zero FIR?

A zero FIR refers to an FIR that is registered irrespective of the area where the offence is committed. In such cases, police can no longer claim that they have no jurisdiction. Such an FIR is then later transferred to the police station that has the actual jurisdiction, thereby converting it into a regular FIR.

Unlike an FIR, which has serial numbers assigned to them, zero FIRs are assigned the number '0'. Hence the name. However, once the case is transferred, the police station with the appropriate jurisdiction assigns it a serial number.

How did the Zero FIR come into existence?

Days after the horrific Delhi gangrape case, the Manmohan Singh-led government formed a three-member committee under retired judge Justice JS Verma. The committee recommended the concept of zero FIR, which puts a legal obligation on the police to begin an investigation and take quick action without the excuse of an absence of jurisdiction.

According to the Hindu, almost a third of the 5,960 cases of arson and violence registered in Manipur since the ethnic violence broke out in the state. On average, more than 100 cases were filed every day.

Out of the total such cases, 1,771 cases or nearly 30 per cent FIRs were 'zero FIRs', filed suo-motu by the police irrespective of jurisdiction.

Understanding the concept of Zero FIR

For example, in the Lalita Kumari vs UP govt case, the Supreme Court observed that it is mandatory to register an FIR u/s 154 of the Code, if the information discloses the commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted to ascertain whether information reveals any cognizable offence.

In August 2013, the police in Jodhpur and Uttar Pradesh's Shahjahanpur had refused to file an FIR in the rape case against self-styled godman Asaram Bapu. The 16-year-old victim's family then travelled to Delhi where the police at Kamla Market station lodged a zero FIR, which is filed irrespective of jurisdiction. The case was later transferred to Jodhpur.