Short answer: When a quarrel, accident or business fight leads both sides to the police, each side can usually have its own version recorded as a counter-case, even though a second FIR on the same incident by the same side is not permitted. Cross cases are normally investigated together and tried by the same court. A Zero FIR is different: it is simply an FIR registered at a station that does not have jurisdiction and then sent to the one that does.
What the law says about cross FIRs
In T.T. Antony v. State of Kerala (2001), the Supreme Court held that there cannot be a second FIR, and a fresh investigation, about the same occurrence. New information about the same incident goes into the existing investigation.
That rule does not shut out the other side. In Upkar Singh v. Ved Prakash (2004), the Supreme Court clarified that a counter-complaint by the rival party, giving a different version of the same incident, can be registered. If the police refused it, one side would control the record of what happened. A typical example is a scuffle in a housing society or a road incident, where each side says the other started it and both have injuries.
In practice, cross cases are usually investigated together, often by the same officer, so that both versions are tested against the same evidence, and are tried by the same court so that the results are consistent.
What a Zero FIR is
Under BNSS Section 173(1), information about a cognizable offence may be given at any police station irrespective of jurisdiction. The station records it and transfers it to the station that has jurisdiction, which carries on the investigation. This helps where the incident happened while travelling, or where you are not able to reach the local station safely. Our note on police station jurisdiction and Zero FIR explains the transfer in more detail.
What to do, in order
- Get a copy of the FIR against you. Read who is named, what sections are alleged and how the incident is described.
- Record your own version promptly. If you were also hurt or your property was damaged, give a written complaint at the station. Delay can be argued against you later.
- Get a medical examination if you were injured. A medico-legal (MLC) report records injuries and time. Injuries heal, and a late MLC is often questioned.
- If your complaint is refused, follow the steps of writing to the SP under BNSS Section 173(4) and then the Magistrate under Section 175(3).
- Ask that both cases be investigated together. If they are being handled separately, a written request to the senior officer, or an application before the court, can be considered.
- Comply with any notice you receive. If you are named in the other FIR, attend when called under Section 35(3) and keep your documents ready.
Common mistakes
- Filing a counter complaint that adds allegations you cannot support. Exaggeration usually comes out at trial.
- Contacting the other side or their witnesses to pressure them. This can be seen as intimidation and can affect bail.
- Ignoring the FIR against you because you have filed your own. Each case runs on its own until the court decides.
- Treating a Zero FIR as an error. It is a lawful registration; the case simply moves to the correct station.
Common questions
Can the police refuse my complaint because an FIR already exists?
They can refuse a second FIR that repeats the same version. A counter-version by the other party is a different matter and is generally registered.
Will both cases be tried together?
Courts generally try cross cases together or one after the other by the same judge, so that the evidence in both is weighed consistently.
Does a cross FIR help me get bail?
It may show that the incident was mutual, which the court can take into account, but bail depends on the offence, the facts and your conduct.
Can cross cases be settled?
Some offences are compoundable, and the High Court can quash certain private disputes after a genuine settlement. Serious offences are not quashed merely because the parties have settled.
When to speak to an advocate
If you are named in an FIR and also want to give your own complaint, take advice before you write it. The two documents will be read side by side, and what you say first matters.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code).
For a confidential discussion about a cross FIR or Zero FIR in Noida, Greater Noida or Delhi NCR, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
