How to File an FIR in India Under BNSS 2023 — Zero FIR, e-FIR, Police Refusal Escalation, and Women's Special Rights

The new law: Section 173 BNSS — what changed from CrPC

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973 (CrPC). For FIRs, the key provision moved from Section 154 CrPC to Section 173 BNSS. The core principle remains unchanged — FIR registration for cognizable offences is mandatory — but BNSS adds important new elements:

What is an FIR — and what it is not

The BNSS 2023, interestingly, does not formally define "First Information Report." The term appears in Section 210(2) of the BNSS but is not defined. However, Section 173(1) embodies the concept: information provided to an officer in charge of a police station regarding the commission of a cognizable offence — whether given orally or through electronic communication.

What an FIR does:

• Sets the criminal justice machinery in motion — police can arrest, search, seize evidence
• Creates an official first record of the complaint — the "first version" of events
• Enables police to investigate without Magistrate permission (for cognizable offences)
• Triggers the statutory obligation to charge sheet or close the case within time limits
• Is forwarded to the nearest Magistrate within 24 hours of registration

What an FIR is not:

• Not a guarantee of arrest or conviction — it is the beginning of investigation, not the end
• Not a proof of guilt — the accused has the right to hear and contest the case
• Not a document that cannot be corrected — courts can quash FIRs that are false, frivolous, or disclose no cognizable offence

Cognizable vs non-cognizable — which offences get an FIR?

This is the most important threshold question. FIR registration under Section 173 BNSS is mandatory only for cognizable offences.

What is a cognizable offence?

A cognizable offence is one where police can: (a) arrest without a warrant; and (b) investigate without a Magistrate's prior permission. Generally, the more serious the offence, the more likely it is cognizable. The First Schedule to the BNSS lists offences and their cognizability.

If your offence is non-cognizable: approach the Magistrate with a private complaint under Section 223 BNSS. The Magistrate can take cognisance of the offence and order investigation. You can also approach the police station for an NCR — this does not trigger investigation but creates a record.

Zero FIR — file at any police station

One of the most important citizen-protective provisions in BNSS is the statutory Zero FIR. Section 173(1) now explicitly states that information about a cognizable offence shall be registered "irrespective of the area where the offence is committed."

How Zero FIR works

1. Walk into any police station — nearest to you, most convenient, or the one where you have gone for safety
2. Report the cognizable offence — the station must register the FIR even if the offence occurred in another police station's jurisdiction
3. The FIR gets a temporary serial number (Zero FIR number)
4. The station must transfer the FIR to the police station with territorial jurisdiction within the shortest time possible
5. The receiving station assigns a fresh regular FIR number and takes over the investigation
6. You receive a copy of the Zero FIR — keep it; also get a copy of the transfer acknowledgment if possible

When Zero FIR is particularly important

• Road accidents — file at the nearest station, not just the jurisdictional one
• Crimes against women — especially when the victim is not in the jurisdictional area
• When the jurisdictional police station is refusing your FIR — file a Zero FIR at any other station
• When the jurisdiction is disputed between two stations
• Urgent situations where delay in finding the "right" station would harm the case

e-FIR — filing online

Section 173(1)(ii) of BNSS 2023 formally recognises electronic FIR (e-FIR). Several states have launched online FIR portals — this is particularly useful for property crimes, online fraud, and non-urgent cognizable offences where you have digital evidence.

How e-FIR works

• Visit your state police's official portal (most states now have this — search "[State name] police e-FIR" for the official link)
• Register with your Aadhaar-linked mobile number
• Fill in complaint details: offence, date, location, accused details, description of events, evidence available
• Submit — you receive a complaint acknowledgment number immediately
• Critical: you must physically sign the e-FIR within 3 days at the police station (Section 173(1)(ii) BNSS requirement). If you don't sign within 3 days, the legal status of the e-FIR is uncertain
• After signature, the station assigns a regular FIR number and begins investigation

States with active e-FIR portals (as of April 2026)

Delhi, Maharashtra, Karnataka, Tamil Nadu, Telangana, Kerala, Uttar Pradesh, Rajasthan, Haryana, and several others have functional e-FIR systems for specified cognizable offences. For sexual offences, the e-FIR option is typically not available — you must appear in person to ensure the statement is recorded by a woman officer.

The mandatory registration principle — Lalita Kumari and BNSS

The most important legal principle in FIR law is this: for cognizable offences, registration of an FIR is mandatory — not discretionary. Police have no legal authority to refuse an FIR for a cognizable offence.

The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) — a Constitution Bench judgment — settled this definitively under the old CrPC. The principle continues fully under BNSS 2023. The Court held:

• Registration of FIR is mandatory if information discloses a cognizable offence
• No preliminary enquiry is permissible in cases clearly disclosing a cognizable offence (except the limited 3–7 year category now codified in Section 173(3) BNSS)
• The word "shall" in the provision makes it mandatory, not permissive
• Refusal to register an FIR amounts to a violation of statutory duty

The Supreme Court in Anurag Bhatnagar v. State (NCT of Delhi) (25 July 2025) added a procedural requirement: before approaching the Magistrate under Section 175(3) BNSS for non-registration of FIR, complainants should first exhaust the two-tier police remedy — approach the SHO (Section 173(1)) and then the SP (Section 173(3)). This is not a hard prerequisite but a procedural regularity — courts may send you back if you skip this step without good reason.

Preliminary enquiry — when police can delay registration

Section 173(3) BNSS introduces a codified preliminary enquiry provision for a specific category of offences. Understanding this is important because police sometimes use this provision to justify delay or inaction.

When preliminary enquiry is permitted

• Offence punishable with imprisonment between 3 years and 7 years
• Prior permission of a Deputy Superintendent of Police (DSP) is required
• Must be completed within 14 days
• Purpose: only to determine if there is a prima facie case — not a full investigation

When preliminary enquiry is NOT permitted

• Offences punishable with less than 3 years — immediate FIR mandatory
• Offences punishable with 7+ years (murder, rape, kidnapping, robbery, acid attack) — immediate FIR mandatory
• Even in the 3–7 year category: if the cognizable offence is clearly disclosed, courts have held the preliminary enquiry should be very brief or dispensed with

If police refuse to register your FIR — the escalation path

Police refusal to register an FIR for a cognizable offence is illegal. Here is the step-by-step escalation under BNSS 2023:

Step 1: SHO — insist and document

Approach the Station House Officer (SHO) directly. State your complaint clearly and insist on registration. Ask the SHO to give you a written acknowledgment of your complaint if they refuse to register an FIR. This acknowledgment is important evidence for subsequent steps. Note the date, time, and officer's name.

Step 2: SP complaint — Section 173(3) BNSS

Send your complaint in writing by registered post to the Superintendent of Police (SP) of the district. Under Section 173(3) BNSS, the SP must:

• Either investigate the matter themselves, or
• Direct a subordinate police officer to investigate the complaint as if it were an FIR

Address: SP [District Name], [State], with "UNDER SECTION 173(3) BNSS 2023" prominently marked on the envelope. Send by RPAD (Registered Post with Acknowledgment Due). Keep the postal receipt and the returned acknowledgment card.

Step 3: Magistrate application — Section 175(3) BNSS

If the SP does not act or the refusal continues, file an application before the Judicial Magistrate of First Class for your area under Section 175(3) BNSS (formerly Section 156(3) CrPC). The application should state:

• The facts of the cognizable offence
• That you approached the SHO on [date] and the FIR was refused
• That you sent a complaint to the SP on [date] and received no response / inadequate response
• Prayer: that the Magistrate direct the police to register the FIR and investigate

The Supreme Court in Anurag Bhatnagar (July 2025) held that the Magistrate should ordinarily satisfy himself that the two prior steps have been taken before entertaining a Section 175(3) application — though courts can entertain it without these steps if urgency demands.

Step 4: High Court writ under Article 226

If all else fails, file a writ petition in the High Court under Article 226 of the Constitution of India seeking a mandamus directing the police to register the FIR. This is the most powerful remedy — the High Court can direct the police and, if necessary, hand over investigation to an independent agency (CBI, state CID). Writ petitions for FIR registration are typically listed urgently. You will need a lawyer for this step.

Special protections for women under BNSS 2023

BNSS 2023 significantly strengthens procedural protections for women victims:

Helplines for women

• 181 — Women's Helpline (pan-India, 24×7, connects to local police and support)
• 112 — Emergency Police helpline (also handles crimes against women)
• 1091 — Women's helpline (some states)
• NCW Helpline: 7827170170 — National Commission for Women

What happens after the FIR is registered?

Understanding the post-FIR process prevents confusion and helps you follow up effectively.

Investigation

The police begin investigation — collecting evidence, examining witnesses, visiting the crime scene, identifying and arresting accused. They have specific timelines under BNSS: for offences involving imprisonment of 3+ years, the investigation must be completed and a charge sheet filed within 60–90 days (extendable with Magistrate permission to 180 days). During investigation, you can give your statement to the police under Section 180 BNSS — this is recorded but is not the same as your statement before a Magistrate.

Charge sheet (Police Report)

After investigation, police file a "charge sheet" (also called police report) before the Magistrate under Section 193 BNSS. The charge sheet sets out the offence, the evidence, and names the accused. If police find insufficient evidence, they file a "closure report" or "final report" — but you can file a protest petition against a closure report.

Your rights as complainant after FIR

• Right to follow up on investigation progress with the SHO
• Right to approach the Magistrate if investigation is delayed or incomplete
• Right to file a protest petition if police file a closure report without proper investigation
• Right to a copy of the charge sheet once it is filed
• Right to be heard before the Magistrate takes cognisance

FIR in India — questions people actually ask

Can I file an FIR against an unknown person?

Yes. If you don't know who committed the offence — a stranger assaulted you, your house was burgled while you were away — the FIR can be filed against an "unknown person." The police will then investigate to identify the accused. For cyber crimes where the perpetrator is anonymous online, FIRs against unknown persons are routine.

Can someone else file an FIR on my behalf?

Yes. Under Section 173(1) BNSS, any person with information about a cognizable offence can lodge the FIR — not just the victim. A witness, a relative, a friend, or even a stranger who observed the offence can file. The Supreme Court has confirmed that the informant need not have personal knowledge of the incident, though their relationship to the facts is relevant evidence. For crimes against women, a woman officer or a women's organisation can file on behalf of the victim.

Can the FIR be quashed?

Yes — the High Court under Article 226/227 of the Constitution, or under Section 528 BNSS (equivalent of Section 482 CrPC), can quash an FIR if: the FIR discloses no cognizable offence; the FIR is a clear abuse of process; the dispute is purely civil in nature; the parties have settled the matter; or the FIR is based on false information. The accused (not the complainant) typically files for quashing. Courts quash FIRs where the allegations are prima facie false, absurd, or where the matter is purely private and civil.

What is a counter-FIR?

A counter-FIR (or cross-case FIR) is when the accused also files an FIR against the original complainant arising from the same incident. Both FIRs can be investigated simultaneously by the police. Courts have discouraged harassment through counter-FIRs — the police must independently verify whether the counter-FIR discloses a genuine cognizable offence. Filing a false counter-FIR to harass the original complainant can itself become a cause of action for malicious prosecution.

What is anticipatory bail and when should I apply for it?

Anticipatory bail (Section 482 BNSS, formerly Section 438 CrPC) is a pre-arrest bail — it protects you from arrest in relation to a specified offence before the FIR is filed or before you are arrested. If you reasonably apprehend that an FIR will be lodged against you and that you may be arrested — particularly in matrimonial disputes, commercial disputes, or cases where false FIRs are feared — apply for anticipatory bail before the Sessions Court or High Court. An advocate is necessary for this application. Once granted, the anticipatory bail protects you from arrest as long as the conditions are complied with.

I filed an FIR but police are not investigating. What do I do?

If police are not investigating your FIR: (1) Follow up in writing with the SHO, requesting a status update and the name of the investigating officer; (2) File a complaint with the SP about the non-investigation; (3) Approach the Judicial Magistrate under Section 175 BNSS requesting supervision of investigation; (4) Approach the High Court if police inaction is systematic. Courts have held that a complainant has a right to a fair and effective investigation, and deliberate police inaction can itself be challenged through writ proceedings.

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