FIR, Zero FIR and e-FIR under the BNSS: A Plain Guide

An FIR, or First Information Report, is the written record the police make when they first learn of a cognizable offence. Since 1 July 2024 it is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which lets you report a crime at any police station, in person or electronically.

Most people only think about an FIR on the worst day of their life: after a theft, an assault or a fraud. That is exactly when clear information helps. This guide explains what the law says now that the BNSS has replaced the old Code of Criminal Procedure, and what you can do at each step.

What is a cognizable offence?

A cognizable offence is one where the police can arrest without a warrant and start investigating without waiting for a magistrate's order. Murder, robbery, rape, dowry death, kidnapping and most serious frauds fall in this group. For these offences the police are bound to record the information you give them.

For non-cognizable offences, such as many cases of simple hurt or defamation, the police record the information in a separate register and refer you to the magistrate. The difference matters, because the right to an FIR applies to cognizable cases.

How do you register an FIR under Section 173?

You can give the information orally or in writing. If you speak, the officer must write it down and read it back to you. You sign the record once you agree it is accurate. Keep these points in mind:

• Give facts in order: what happened, when, where, who was involved and who saw it.
• Mention documents or evidence you have, such as bills, screenshots, photographs or medical records.
• Do not exaggerate. An FIR is not the full story; the investigation fills in the details.
• Ask for a copy. The informant is entitled to a copy of the information as recorded, free of cost.

What is a Zero FIR?

Earlier, people were often sent from one station to another because the crime happened "outside our limits". Section 173 now says information about a cognizable offence may be given at a police station irrespective of the area where the offence was committed. That station records it and transfers it to the police station that has jurisdiction, which then numbers it and investigates.

This is what people call a Zero FIR. It is especially useful when time matters: a woman reporting sexual violence while travelling, or a family reporting a missing person in a different district.

Can you file an FIR online (e-FIR)?

Yes. The BNSS allows information to be given by electronic communication. Under Section 173, such information is taken on record once the person giving it signs within three days. In practice, many state police websites accept online complaints for specified offences, and Tamil Nadu Police has an online services portal for complaints and certain registrations.

For cyber fraud, do not wait. Call the national helpline 1930 and report on cybercrime.gov.in as soon as you notice the loss. We explain the steps in our article on reporting cyber fraud.

What if the police refuse to register your FIR?

Refusal still happens. The law gives you a ladder of remedies:

1. Write to the Superintendent of Police. Send the substance of the information in writing, by post or in person. The SP can investigate personally or direct an officer to do so.
2. Approach the magistrate. You can file a complaint before the Judicial Magistrate, who can direct the police to register the case and investigate.
3. Keep proof. Keep a copy of every letter and the postal receipt. Note the date, time and names of officers you met.

The Supreme Court held in Lalita Kumari v. Government of Uttar Pradesh (2013) that registration of an FIR is mandatory when the information discloses a cognizable offence. That principle still guides the police.

Is there a preliminary enquiry before the FIR?

For cognizable offences punishable with imprisonment of three years or more but less than seven years, Section 173(3) allows the officer, with permission from an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry within 14 days to see whether a prima facie case exists. For more serious offences the FIR must be registered straight away.

A short checklist before you go to the station

• Carry an ID card and a phone number where the police can reach you.
• Write the key facts on a sheet of paper first, so nothing is missed under stress.
• Take a trusted person with you if you can.
• Read the recorded statement fully before signing it.

Where to read the law

• The full text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is on India Code, the official legislative database.
• Free legal help is available through the National Legal Services Authority and your District Legal Services Authority.

Students at Mugil College of Law run awareness sessions on topics like this through the legal aid clinic. If you are interested in studying criminal law, see our B.A. LL.B. and LL.B. programmes.