Kerala High Court: Police Cannot Refuse To Register FIR If Cognizable Offence Is Made Out In Complaint Sent From Foreign Country By Indian Citizen

The Kerala High Court has held that keeping in light of Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), 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 Petitioner, a resident of Australia, filed a complaint against her husband through email to the Director General of Police, Kerala.

The Bench of Justice Kauser Edappagath observed, “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.”

Advocate T.B. Shajimon represented the Petitioner, while Advocate E.C. Bineesh represented the Respondents.

Case Brief

The Director General of Police of 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 in Australia, her personal presence cannot be secured.

Case Analysis

The Kerala High Court emphasised on Section 173 BNSS, which provided for Zero 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”, the Court said.

Accordingly, the Petition was disposed of.

Cause Title: Soya Anthony V. State of Kerala (Neutral Citation:2025:KER:44462 )

Appearance:

Petitioner: Advocates T. B. Shajimon, Govindu P. Renukadevi and Sajeev.T.P

Respondent:  Advocate E.C.Bineesh -Sr. PP

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