The Kerala High Court has unequivocally ruled that police authorities cannot decline to file a First Information Report (FIR) solely because a complaint arrived via email from overseas without a handwritten signature.
The bench emphasized that under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the concept of Zero FIR now has formal statutory recognition. This provision ensures that if a complaint discloses a cognisable offence, law enforcement must register an FIR regardless of the complainant’s location or the method of communication.
“Zero FIR was introduced primarily to guarantee that victims could report crimes without being constrained by jurisdictional boundaries,” the court observed.
In this case, a woman residing in Australia had sent an email in 2020 to the Kerala State Police Chief, accusing her husband of criminal conduct. Though the complaint was forwarded to the local police station, officers refused to register a case, arguing that the document lacked a signature and the complainant was not physically present.
The woman then sought relief from the High Court, challenging the police’s refusal. The court firmly declared that dismissing a complaint on procedural grounds such as unsigned emails is contrary to the spirit of the BNSS.
Considering the complaint dated back to 2020, and noting the petitioner’s willingness to submit a fresh grievance, the court concluded the matter by directing the Station House Officer of Muttom Police Station to proceed appropriately upon receiving the new complaint.