Kochi: The Kerala High Court has ruled that police cannot refuse to register a First Information Report (FIR) if a cognisable offence is disclosed in a complaint, even when the complaint is sent from a foreign country.

The case involved a petitioner, an Indian citizen currently residing in Australia, who had emailed a complaint against her husband to the Director General of Police (DGP) of Kerala in 2020. Although the DGP forwarded the complaint to the Muttom Police Station—under whose jurisdiction the matter fell—no action was taken.

Later, the Station House Officer (SHO) informed the petitioner that the unsigned email complaint could not be accepted, citing her absence in India as the reason for inaction. Aggrieved, the petitioner challenged this response before the High Court.

Dr Justice Kauser Edappagath noted that the concept of Zero FIR has now received statutory recognition under Section 173 of the Bharatiya Nyaya Sanhita (BNSS), 2023. “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 cognisable offence is made out in the complaint, even if it is forwarded from a foreign country,” the Court said.

Based on the petitioner’s submission that she was willing to file a fresh complaint, the Single Judge disposed of the petition. However, the Court directed the SHO of Muttom Police Station to act on any such complaint filed by the petitioner, strictly following the procedure laid down under Section 173 BNSS.
(With LiveLaw inputs)