In a significant ruling on accessibility to justice, the Kerala High Court has held that police authorities cannot refuse to register a First Information Report (FIR) merely because a complaint was emailed from abroad or lacked a physical signature.
Justice Kauser Edappagath, while deciding the case [YYYY v State of Kerala & Ors], clarified that with the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the concept of Zero FIR now has statutory backing under Section 173, and the police are duty-bound to act on complaints disclosing a cognizable offence, irrespective of jurisdiction or the medium of submission.
“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,” the Court stated.
The case arose in 2020 when a woman residing in Australia sent an email complaint to the Director General of Police, Kerala, accusing her husband of a cognizable offence. The DGP forwarded the complaint to Muttom Police Station, which rejected it on the grounds that it was unsigned and that the complainant was not physically present.
The High Court, however, found this refusal unjustified. It emphasised that “rejection of the complaint made by the petitioner on the ground that it was unsigned and sent through e-mail from Australia cannot be justified.” The Court further added that “Refusal to register the FIR solely on the basis of formal defects undermines the statutory mandate under the new BNSS.”
Since the original complaint dated back to 2020 and the petitioner expressed willingness to file a fresh one, the Court directed the Station House Officer of Muttom Police Station to act upon the new complaint as per the provisions of the BNSS.
The judgment reaffirms that formal technicalities cannot override a citizen’s access to justice, especially when a cognizable offence is involved—regardless of borders or formats.
