What an FIR is
A First Information Report is the written record of information about a cognizable offence given to the police. It sets the criminal law in motion and starts the investigation. Since 1 July 2024, registration of an FIR is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the CrPC.
Steps to register an FIR
The information may be given orally or in writing at any police station. In practice, a written complaint is advisable.
- Write a clear account of the incident: date, time, place, the persons involved and what each of them did.
- Attach or mention supporting material such as messages, photographs, medical reports or witness names.
- If given orally, the officer must reduce it to writing and read it back to you before you sign it.
- You are entitled to a copy of the FIR free of cost.
- Note the FIR number, date, police station and the name of the officer.
Zero FIR and e-FIR
The BNSS expressly allows an FIR to be registered at any police station, irrespective of where the offence took place. This is known as a Zero FIR; the police then transfer it to the station with jurisdiction.
Information may also be given electronically. An e-FIR is taken on record once the informant signs it within three days.
If the police refuse to register an FIR
For offences punishable with three to seven years of imprisonment, the police may conduct a preliminary enquiry within fourteen days before registering the FIR. Where registration is refused, you may:
- Send the substance of the information in writing to the Superintendent of Police, who may investigate or direct an investigation.
- Thereafter, apply to the Magistrate under Section 175(3) BNSS, supported by an affidavit, seeking a direction to register and investigate.
A word of caution
Filing a false complaint is itself an offence. Keep your account factual and avoid exaggeration. If the matter is serious or complex, consult an advocate before or immediately after filing.
This article is for general information only and does not constitute legal advice. The law may change and its application depends on the facts of each case. Please consult an advocate about your specific situation.
