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Fact CheckedLast Updated: 21 July 2026Reviewed By: ComplaintAdda Legal Affairs Desk

FIR (First Information Report) & BNSS Section 173 Guide

A First Information Report (FIR) is the foundational statutory record prepared by state police upon receiving information regarding the commission of a cognizable offence—an offence where police officers hold the legal authority to arrest accused individuals without a court warrant (such as murder, robbery, rape, cyber financial fraud, extortion, or kidnapping). Effective July 1, 2024, criminal procedure across India is governed by the **Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023**, which repealed and replaced the historic Code of Criminal Procedure (CrPC), 1973. Under **Section 173 of BNSS, 2023** (which replaces old CrPC Section 154), the registration of an FIR is mandatory for every cognizable offence. The new law introduces historic digital modernizations: (1) Mandatory Electronic FIR (e-FIR) allowing citizens to report offences electronically, provided it is signed within three days. (2) Statutory recognition of Zero FIR, permitting registration at any police station across India irrespective of territorial jurisdiction. (3) Structured 14-day preliminary enquiry framework for offences punishable with 3 to 7 years imprisonment. (4) Explicit right to receive an unpriced, official copy of the FIR immediately. Understanding your statutory rights under BNSS Section 173 ensures that law enforcement officers act promptly, conduct unbiased investigations, and preserve vital evidence without arbitrary refusal or delay.

What Is It

Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, an FIR is a written record of information given to an officer-in-charge of a police station relating to the commission of a cognizable offence. Key statutory attributes include: (1) Oral or Written Recording: If given orally, the Station House Officer (SHO) must reduce it to writing, read it back to the informant in a language they understand, and obtain their signature. (2) Mandatory Free Copy: Under BNSS Section 173(2), a certified copy of the recorded FIR must be given immediately to the informant free of cost. (3) E-FIR Registration: Information given electronically (email, web portal, mobile app) is recorded as an e-FIR and must be signed by the informant within three days. (4) Preliminary Enquiry Provision: Under BNSS Section 173(3), for offences carrying a punishment of 3 to 7 years, the police officer may conduct a preliminary enquiry within 14 days with prior permission from a Deputy Superintendent of Police (DSP) to determine if a prima facie case exists.

When To Use It

File an FIR immediately whenever you are a victim of or witness to a cognizable crime—including physical assault, armed robbery, burglary, extortion, cyber fraud involving monetary loss, hit-and-run accidents, domestic violence, missing persons, or fraudulent property usurpation.

Step-by-Step Process

  1. 1Step 1: Draft or Record the Statement Clearly. Visit the police station having territorial jurisdiction over the place of occurrence (or any nearest police station for Zero FIR / e-FIR portal). Write down a detailed complaint covering: Date, Time, Location, Names/Descriptions of Accused, Sequence of Events, Witnesses, and Stolen Property/Loss details.
  2. 2Step 2: Submit Complaint to Officer-in-Charge (SHO). Hand over the written complaint or state your facts orally to the duty officer. The officer is legally mandated to transcribe oral statements and read the transcribed document back to you in your native language.
  3. 3Step 3: Verify Details & Sign the Recorded Document. Carefully verify that every fact, date, name, and stolen item is accurately transcribed without omissions or modifications before appending your signature.
  4. 4Step 4: Demand Mandatory Free Copy of Registered FIR. Under BNSS Section 173(2), insist on receiving an official printed copy of the FIR bearing the official police station stamp, FIR Serial Number, Crime Section numbers, and the SHO's signature.
  5. 5Step 5: Remedy if Police Refuse to Register FIR (BNSS Section 173(4)). If the SHO refuses to register your FIR, send the written complaint via Registered Speed Post to the Superintendent of Police (SP) or Commissioner of Police (CP). Under Section 173(4), if the SP is satisfied that a cognizable offence is disclosed, they shall either investigate it personally or direct an subordinate officer to register the FIR.
  6. 6Step 6: Petition Judicial Magistrate under BNSS Section 175(3). If the SP also fails to act, file a judicial application under Section 175(3) of BNSS, 2023 (replaces old CrPC Section 156(3)) before the Judicial Magistrate having territorial jurisdiction. The Magistrate can order the police station to immediately register the FIR and submit a status investigation report.

Documents Required

  • Government-issued Photo ID Proof (Aadhaar Card, Passport, Voter ID, or Driving License)
  • Written Complaint Copy signed and dated by the informant
  • Medical Examination Report / Injury Register Copy (if assault or physical injury occurred)
  • Bank Passbook / UTR Transaction Statements (if financial fraud or cyber crime)
  • Photographs, Audio/Video Recordings, CCTV Footage, or Witness Contact Details (if available)
  • Postal Speed Post Receipts & SP Escalation Acknowledgement (if petitioning Magistrate under BNSS 175(3))

Fees

100% Free. Under BNSS Section 173(2), registering an FIR and receiving its official certified copy is completely free of charge. Charging any fee for FIR registration is illegal.

Processing Time

Registration of an FIR for a cognizable offence is MANDATORY and IMMEDIATE. Under BNSS Section 173(3), preliminary enquiry (where applicable) must be completed within 14 days. Investigation final report (Chargesheet / Closure) must be submitted within 60 to 90 days.

Important Tips

  • Cite Supreme Court's landmark judgment in 'Lalita Kumari v. Govt. of UP (2014)' which strictly rules that registration of FIR is mandatory if information discloses a cognizable offence.
  • Always demand an official FIR copy bearing the police station rubber stamp and signed by the SHO before leaving the police station.
  • If reporting an electronic FIR (e-FIR), ensure you visit the police station within 3 days to sign the physical document as mandated under BNSS Section 173(1).
  • Never sign a blank paper or a summary that omits key names or specific criminal sections.
  • If police refuse your complaint on territorial jurisdiction grounds, demand the registration of a 'Zero FIR' under BNSS Section 173(1).

Frequently Asked Questions

BNSS Section 173 (effective July 1, 2024) replaces CrPC Section 154. Key enhancements in BNSS 173 include: (1) Explicit statutory recognition of e-FIR registration via electronic communication, with a 3-day signature rule. (2) Codification of Zero FIR allowing registration at any police station regardless of jurisdiction. (3) Structured 14-day preliminary enquiry framework for offences punishable between 3 to 7 years. (4) Digital delivery of investigation updates to victims.
NO. Under BNSS Section 173 and the Supreme Court Lalita Kumari ruling, police officers are legally mandated to register an FIR if the complaint discloses a cognizable offence. Refusal to register an FIR in specified offences (such as sexual assault or crimes against vulnerable groups) is a punishable crime under BNS Section 199 (old IPC 166A) with up to 2 years imprisonment.
If an SHO refuses to register an FIR: (1) Submit a written complaint setting forth the substance of the information to the Superintendent of Police (SP) or Commissioner via Speed Post under BNSS Section 173(4). (2) If the SP fails to direct an investigation, file an application under BNSS Section 175(3) (old CrPC 156(3)) before the Judicial Magistrate, who can issue binding court orders directing the police station to register the FIR.
Under BNSS Section 173(3), for offences punishable with imprisonment between 3 to 7 years, the officer-in-charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police (DSP), conduct a preliminary enquiry within fourteen (14) days to ascertain whether there exists a prima facie case for proceeding, before formally registering an FIR.
Under BNSS Section 173(1), any person can submit information about a cognizable offence electronically via state police web portals, emails, or mobile apps. The police officer will take it on record as an e-FIR. However, the informant must physically visit the designated police station within three (3) days to sign the recorded statement for investigation to proceed.
In a Cognizable Offence (e.g., robbery, assault, fraud), police can register an FIR and arrest the accused without a warrant. In a Non-Cognizable Offence (e.g., minor defamation, simple verbal brawl), police record a Non-Cognizable Report (NCR) under BNSS Section 174 and cannot investigate or arrest without a specific order from a Judicial Magistrate.
NO. Delay in filing an FIR is not a lawful ground for police refusal. If there is a delay due to trauma, medical hospitalization, threat, or fear, state the reasons clearly in the complaint statement. Courts routinely condone genuine delays in criminal proceedings.
If a false or retaliatory FIR is filed, the aggrieved person can petition the High Court under Section 528 of BNSS, 2023 (replaces old CrPC Section 482) seeking quashing of the FIR. The High Court can quash proceedings if the allegations are absurd, politically motivated, or unsupported by evidence.
NO. Complaints on NCH 1915 or Cyber Helpline 1930 are administrative conciliation and emergency fund freezing mechanisms. While a 1930 cyber report freezes stolen bank funds, you must convert the report into a formal FIR under BNSS Section 173 at your local cyber police station to enable formal criminal investigation and chargesheet filing.
This article is for general information only and does not constitute legal advice. Always verify with the official source before acting.