The Kerala High Court has ruled that police cannot refuse to register an FIR under BNSS if a cognizable offence is made out, even when the complaint is sent from a foreign country. The case involved an Indian citizen living in Australia who emailed a complaint against her husband to the DGP, Kerala. Although the DGP forwarded it to the Muttom Police Station, the SHO rejected it, citing the lack of a signature and her absence in India. The Court held that this refusal was invalid. Justice Kauser Edappagath clarified that Section 173 of the Bharatiya Nyaya Sanhita (BNSS), 2023, gives statutory backing to the concept of ‘Zero FIR.’ This provision mandates police to record a cognizable offence regardless of jurisdiction and even if the information comes electronically.
The Court directed the SHO to take action if the petitioner files a fresh complaint, stressing that jurisdiction cannot be a reason for inaction. This judgment upholds the right of complainants abroad to seek justice under Indian law.
