The Kerala High Court, in the case YYYY v State of Kerala & Ors, delivered a significant judgment clarifying the obligations of the police under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the registration of FIRs, especially in the context of complaints sent via email from abroad and unsigned complaints.
Case Details:
Case Number: Criminal Miscellaneous Case No. 4778 of 2020
Date of Judgment: 1 July 2025
Bench: Justice Kauser Edappagath
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
1. The name of the Act is the “Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023” and it has replaced the Criminal Procedure Code, 1973.
2. Section 2 of BNSS has been expanded to introduce new definitions for key terms such as ‘audio-video electronic means’ [Section 2(1)(a)], ‘bail’ [Section 2(1)(b)], ‘bail bond’[Section 2(1)(c)], ‘bond’ [Section 2(1)(e)], and ‘electronic communication’ [Section 2(1)(i)]. These changes reflect the evolving landscape of technology in investigation, trial, and court proceedings, covering aspects such as the service of summons, notices, audio-video conferencing for deposition of evidence, and recording of search and seizure. Additionally, previously undefined, terms relating to ‘bail’ have now been defined. Further, the definition of ‘victim’ [Section 2(1)(y)] has been broadened by eliminating the requirement of the accused person being formally charged. This modification expedites the process of victims receiving compensation entitled to them in certain cases.
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