Kerala HC: U/S 173 of BNSS, Zero FIR's can be registered even if a complaint is sent via email from abroad and police cannot reject it for lack of signature or territorial jurisdiction

The implementation of Section 173 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), marks

a significant shift in how the police handles information relating

to the commission of a cognizable offence. Now, Zero FIR has

been given statutory recognition by incorporating it in Section

173 of BNSS, which deals with the registration of FIR in

cognizable cases. Zero FIR has been introduced with the

primary purpose of ensuring that victims can file complaints

regardless of jurisdiction. Therefore, the police cannot refuse to

register an FIR if a cognizable offence is made out in the

complaint, even if the complaint is forwarded from a foreign

country. In these circumstances, the rejection of Annexure A7

complaint made by the petitioner on the ground that it was

unsigned and sent through e-mail from Australia cannot be

justified. {Para 3}

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.MC NO. 4778 OF 2020

SOYA  Vs   STATE OF KERALA

PRESENT

 DR. JUSTICE KAUSER EDAPPAGATH

Citation: 2025:KER:44462

Dated: 20TH DAY OF JUNE 2025 

The petitioner is an Indian citizen, now residing at

Australia. She filed a complaint against her husband through email to the Director General of Police, Kerala. It appears that

the Director General of Police, Kerala forwarded the complaint

to the jurisdictional police station i.e., Muttom police station.

Thereafter, Muttom police refused to take action on the

complaint stating that an unsigned complaint sent through email cannot be accepted and that since the petitioner is residing

at Australia, her personal presence cannot be secured. The

communication given by the Muttom Police is produced as

Annexure A9. The petitioner has approached this Court

challenging Annexure A9.

2. I have heard Sri.T.B.Shajimon, the learned counsel

for the petitioner and Sri.E.C.Bineesh, the learned Senior Public

Prosecutor.

3. The implementation of Section 173 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), marks

a significant shift in how the police handles information relating

to the commission of a cognizable offence. Now, Zero FIR has

been given statutory recognition by incorporating it in Section

173 of BNSS, which deals with the registration of FIR in

cognizable cases. Zero FIR has been introduced with the

primary purpose of ensuring that victims can file complaints

regardless of jurisdiction. Therefore, the police cannot refuse to

register an FIR if a cognizable offence is made out in the

complaint, even if the complaint is forwarded from a foreign

country. In these circumstances, the rejection of Annexure A7

complaint made by the petitioner on the ground that it was

unsigned and sent through e-mail from Australia cannot be

justified.

Annexure A7 complaint was given in the year 2020. The

learned counsel for the petitioner submitted that the petitioner

is prepared to give a fresh complaint. Hence, this Crl.M.C.is

disposed of directing the respondent No.6 to act upon the

complaint, if any, given by the petitioner following the

procedure contemplated in BNSS, especially Section 173 of

BNSS.

 Sd/-

 DR. KAUSER EDAPPAGATH,

 JUDGE

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