Can FIR be filed for complaints sent via email from abroad?
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Synopsis
The Kerala High Court recently ruled that police must register FIRs even for unsigned complaints sent via email from abroad. This landmark decision emphasizes the importance of the Zero FIR provision, ensuring victims can seek justice without jurisdictional constraints. This ruling has far-reaching implications for how complaints are processed in India, particularly for those living overseas.
Key Takeaways
- Police are mandated to register FIRs for complaints sent via email.
- The Zero FIR provision allows for jurisdiction-free filing of complaints.
- Minor formal defects in complaints should not hinder the registration process.
- Cognizable offences must be addressed by law enforcement irrespective of the complainant's location.
- This ruling enhances access to justice for victims overseas.
Kochi, July 1 (NationPress) The Kerala High Court has determined that law enforcement cannot decline to file a first information report (FIR) solely because a complaint was submitted via email from overseas without a signature.
The court asserted that the enactment of Section 173 of the BNSS 2023 has formally acknowledged the principle of Zero FIR. Consequently, the police are obligated to file an FIR if the complaint reveals a cognizable offence, irrespective of whether the complaint originates from outside their jurisdiction or is submitted electronically.
"The Zero FIR mechanism was established primarily to guarantee that victims can lodge complaints without jurisdictional limitations. Hence, the police are not permitted to turn down the registration of an FIR if a cognizable offence is evident in the complaint, even if it is transmitted from abroad. Thus, the dismissal of Annexure A7 complaint made by the petitioner due to its unsigned nature and the fact that it was sent via email from Australia is unwarranted," the court highlighted.
This ruling emerged in response to a petition filed by an individual currently residing in Australia, who submitted a complaint via email in 2020 against her husband to the state's police chief.
The police chief then directed the complaint to the appropriate police station, where officials refused to file a case, citing the absence of a signature on the email complaint and the petitioner's inability to appear in person.
This response from the local police compelled the petitioner to seek recourse from the high court.
The court further clarified that if a complaint indicates a cognizable offence, the police must register the FIR, even if the complainant is located overseas or if the complaint lacks a signature.
Refusing to register an FIR based solely on minor formalities contradicts the statutory obligation under the new BNSS, it emphasized.
Since the initial complaint was lodged in 2020 and the petitioner expressed her intent to submit a new one, the court concluded the plea with an instruction to the Station House Officer of Muttom Police Station to process the new complaint in accordance with Section 173 of the BNSS.
Point of View
This ruling by the Kerala High Court reinforces the principle that access to justice should not be hindered by jurisdictional boundaries. The decision to allow FIR registration on electronic complaints reflects a commitment to uphold victims' rights and adapt to the digital age, ensuring that every individual, regardless of location, can seek legal redress.
NationPress
07/09/2025
Frequently Asked Questions
Can complaints sent via email be registered?
Yes, according to the Kerala High Court, police must register FIRs for complaints sent via email, even if unsigned.
What is a Zero FIR?
A Zero FIR allows victims to file complaints regardless of jurisdiction, ensuring access to justice.
What does Section 173 of the BNSS 2023 entail?
Section 173 of the BNSS 2023 mandates police to register FIRs for cognizable offences, even if complaints are received electronically.
What happens if an FIR is refused?
If an FIR is refused without valid grounds, it contradicts the statutory obligations under the BNSS.
How does this ruling affect overseas residents?
The ruling ensures that individuals residing abroad can file complaints and seek justice without facing procedural barriers.
