Introduction
On the 20th Day of June 2025, the Hon’ble High Court of Kerala held that the police cannot refuse to accept the complaint sent by email, especially if the offence is cognizable. The Bhartiya Nagarik Suraksha Sanhita (BNSS) section 173 specifies that every information related to the commission of an offence that is cognizable, irrespective of area, given in any form, the police station needs to be registered. Even if the complaint is sent via email abroad, the police can not.
Background
The petitioner was an Indian citizen residing in Australia. In 2020, she had sent a complaint against her husband through email to the Director General of Police, Kerala. Later, the Director General of Police forwarded the complaint to the jurisdictional police station (Mutton Police Station). Thereafter, the Mutton Police station informed the Petitioner by a letter about discarding the Complaint, stating a lack of signature and citing that the Petitioner’s information is essential for registering a complaint. Later, the petition challenged the Mutton Police Station’s act.
Key Points:
- Statutory Recognition of Zero FIR: Dr. Justice Kauser Edappagath pointed out that the concept of “zero FIR” has been given statutory recognition under Section 173 of the BNSS.
- Mode of Complaint: Complaint can be made orally or through electronic communication. The police must consider the complaint if it is a cognizable offence.
- New Complaint: The Kerala High Court stated that a new complaint needs to be registered under BNSS as the previous complaint
Recent Legal Development:
The decision by the Kerala High Court reflects a progressive shift in India’s Criminal Procedure law. With changes under the new Criminal Code BNSS replacing the Code of Criminal Procedure, this judgement becomes one of the first to affirm and operationalise ZERO FIR as a statutory right, promoting greater accessibility for non-resident indian and victims unable to be physically present at a police station.
Conclusion:
The Kerala High Court judgment confirms the security of the victim’s rights in the digital world. In ensuring the effectiveness of FIRs filed by email, regardless of where the complaint had originated, the court emphasised that substance cannot be overcome by form in the cause of justice. The order emphasises that the police power must abide by the provisions of BNSS, which offers remedies to complainants, particularly foreign ones. The order also supports police accountability in prosecuting cognizable offences.
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WRITTEN BY AYUSHI TRIVEDI
