Zero FIR Under BNSS in Odisha: Your Right to File a Complaint at Any Police Station
Under BNSS, a Zero FIR lets you report a crime at ANY police station in India, regardless of where it happened, and it must be transferred to the right jurisdiction. Here is how this protects victims in Odisha and what to do if police refuse to file one.
By Advocate Debarchana Samal · 22 July 2026 · 7 min read
In short: a Zero FIR allows you to report a crime at any police station in India, even if it has no jurisdiction over the place where the offence happened. Under Section 173 BNSS, this is now a clear statutory right, not just a judicial guideline. The station must register the complaint and transfer it to the correct jurisdiction. If you are in Odisha and police refuse to register your Zero FIR, you have several strong legal remedies.
One of the most common questions I get from anxious clients — especially women who have suffered harassment or assault while travelling, or families dealing with a crime that happened in another district — is: "Can I file a complaint here, even though the incident happened somewhere else?" The answer, thankfully, is yes, and it is more clearly guaranteed today than ever before. Let me explain exactly how Zero FIR works and how to make sure your rights are respected.
What Does Zero FIR Mean?
Normally, an FIR is registered at the police station that has territorial jurisdiction over the place where the crime occurred. But crimes do not always happen conveniently near where the victim can safely go to report them — a woman assaulted while travelling through Odisha might be from another state; a person defrauded online might not even know where the accused is physically located; a victim might simply be too traumatised or afraid to travel back to the scene of the crime. Zero FIR solves this by letting any police station in India register the complaint immediately, under a temporary "0" serial number, and then legally transfer it to the station with actual jurisdiction, where it becomes a regular numbered FIR and the investigation proceeds normally.
When Should You Use a Zero FIR?
The Legal Obligation of Police to Register It
Under Section 173 BNSS, every police officer in charge of a station is legally bound to register information about a cognisable offence as an FIR, regardless of the area in which the offence was committed. This is not discretionary. Refusal to register a Zero FIR on the ground of jurisdiction is not just poor practice — it is a breach of a statutory duty, and can itself expose the concerned officer to departmental action. Odisha courts, like courts across India, have consistently taken a strict view of unjustified refusal to register FIRs, particularly in cases involving women, children, and vulnerable victims.
What to Do If Police Refuse to File a Zero FIR
Insist in writing and note officer details
Submit your complaint in writing if the officer is reluctant, and note down their name, rank, and badge number for the record.
Approach the Superintendent of Police
You can submit a written complaint to the SP of the district, who has the authority to direct the station to register the FIR immediately.
File a complaint before the Magistrate
Under Section 175(3) BNSS, you can approach the jurisdictional Magistrate directly, who can order the police to register and investigate the FIR.
Approach the Odisha High Court through a writ petition
If lower remedies fail, a writ petition can be filed before the Odisha High Court seeking a direction to the police to register your complaint without further delay.
Engage a lawyer to move quickly on your behalf
A lawyer familiar with these escalation routes can often get an FIR registered within hours rather than days, especially in urgent or sensitive cases.
Why You Should Not Face This Alone
Knowing your rights on paper is very different from getting a reluctant police station to actually act on them, especially when you are frightened, traumatised, or simply unfamiliar with the process. I have represented clients — particularly women who were assaulted while travelling — who were initially turned away or told to "go back to where it happened." Every hour of delay in these situations can mean lost evidence, lost witnesses, and lost confidence in the system. Having a lawyer who can immediately draft the right written complaint, contact the Superintendent of Police, or move the Magistrate or High Court removes that burden from you at the exact moment you are least equipped to fight it alone.
Critical warning: Do not let any police officer tell you that they "cannot" register your complaint because the crime happened elsewhere. This is incorrect and a violation of your statutory right under Section 173 BNSS. Insist on registration in writing and seek legal help immediately if refused.
Frequently Asked Questions
What exactly is a Zero FIR?
A Zero FIR is a First Information Report that can be registered at any police station in India, irrespective of where the offence took place or which police station actually has jurisdiction over that area. It is given a temporary serial number, 'zero,' at the station where it is first registered, and is then transferred to the police station with actual territorial jurisdiction, where it is assigned a regular FIR number and the investigation formally proceeds. The purpose is to remove any excuse for delay in registering a crime just because it happened outside a station's local limits.
Is Zero FIR a new concept under BNSS, or did it exist before?
Zero FIR existed in practice even under the old CrPC framework, following Supreme Court directions, particularly after cases highlighting delays in registering FIRs for crimes against women when victims approached a police station outside the jurisdiction where the offence occurred. However, BNSS has now formally codified Zero FIR into the statute itself, under Section 173, making it an explicit statutory right rather than something dependent only on judicial guidelines and departmental circulars. This gives victims a stronger, clearer legal footing to insist on it.
Can police refuse to register a Zero FIR by saying it is not their jurisdiction?
No, and this refusal is illegal. Under Section 173 BNSS, every police station is bound to register a Zero FIR for a cognisable offence regardless of jurisdiction, and then transfer it to the appropriate station. If an officer refuses, citing jurisdiction as an excuse, this is a violation of your statutory right. You should insist in writing, note down the officer's name and badge number, and if necessary escalate immediately to the Superintendent of Police or approach a Magistrate.
Why is Zero FIR especially important for women and sexual offence victims in Odisha?
Zero FIR is particularly critical in cases of rape, sexual assault, and other offences against women, where victims may be far from the place of occurrence — travelling, staying with family in another district, or unable to safely return to that location immediately. Requiring a victim to travel back to the exact place of the crime before police will even register a complaint causes dangerous delays, risk of evidence loss, and additional trauma. Zero FIR ensures the complaint is registered the moment the victim reaches out for help, wherever they are in Odisha or elsewhere in India.
What should I do if the local police in Cuttack or elsewhere in Odisha refuse to file my Zero FIR?
First, submit a written complaint to that police station clearly requesting registration of a Zero FIR, and keep a copy with an acknowledgment if possible. If refused, escalate in writing to the Superintendent of Police of that district. If there is still no action, you or your lawyer can file a complaint before the jurisdictional Magistrate under Section 175(3) BNSS, directing the police to register and investigate the FIR. As a further step, a writ petition can be filed before the Odisha High Court seeking a direction to register the FIR. A lawyer can move quickly through these escalation steps on your behalf.
Struggling to Get an FIR Registered in Cuttack or Odisha?
Advocate Debarchana Samal helps victims get Zero FIRs and regular FIRs registered promptly, and moves the Superintendent of Police, Magistrate, or Odisha High Court when local police refuse to act. Do not let bureaucratic delay stand between you and justice.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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