Executive Summary: Filing an FIR Under BNS & BNSS
Direct Legal Answer: Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS), every citizen has a statutory right to register a First Information Report (FIR) for any cognizable offence. You can register a Zero FIR at any police station across India without jurisdictional limits, or lodge an e-FIR digitally. If a police station refuses to file your FIR, you can escalate in writing to the Superintendent of Police under Section 175(3) BNSS or approach the Judicial Magistrate under Section 175(4) BNSS.
The transition from the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) to the BNS and BNSS modernizes Indian criminal justice. It mandates electronic records, establishes Zero FIR rights, and sets strict statutory timeframes for investigations.
Key Transitions: IPC/CrPC to BNS/BNSS
Criminal advocates and complainants should know the corresponding statutory provisions:
| Subject Matter | Previous Law (IPC / CrPC) | New Law (BNS / BNSS) | Key Procedural Impact |
|---|---|---|---|
| FIR Registration | Section 154 CrPC | Section 173 BNSS | Statutory recognition of Zero FIR & e-FIR. |
| Cheating & Online Fraud | Section 420 IPC | Section 318 BNS | Stricter penalties for digital and economic fraud. |
| Theft & Extortion | Sections 379 & 384 IPC | Sections 303 & 308 BNS | Community service option for first-time petty theft. |
| Sexual Offences | Sections 375 & 376 IPC | Sections 63 & 64 BNS | Mandatory video recording of victim statements. |
| Police Refusal Remedy | Section 154(3) / 156(3) CrPC | Section 175(3) & 175(4) BNSS | 14-day preliminary enquiry limit for 3-7 year offences. |
Zero FIR: Statutory Rights Across India
A Zero FIR is a first information report registered at any police station, irrespective of where the crime took place. Under Section 173(1) of the BNSS:
- No Jurisdictional Rejection: Police officers cannot refuse to record a cognizable crime by citing territorial boundaries.
- Immediate Serial Number: The police station marks the report as "Zero FIR" and assigns a temporary serial number ("00").
- 24-Hour Transfer Window: The police station records the statement, conducts urgent medical or forensic tests, and forwards the case diary to the jurisdictional station within 24 hours.
e-FIR Registration & Digital Signatures
Section 173(1)(ii) of the BNSS grants legal validity to online crime reporting:
- Online Submission: Citizens can report crimes via state police web portals, mobile apps, or the National Cyber Crime Reporting Portal (cybercrime.gov.in / Helpline 1930).
- 3-Day Signature Window: The police take electronic information on record immediately. To initiate formal investigation, the complainant must sign the physical or digital copy within three (3) days.
Step-by-Step FIR Filing Procedure
- Prepare Clear Case Details: State the exact date, time, location, suspect names (or descriptions), and chronological facts.
- Visit the Duty Officer: Present your oral statement or submit a signed written complaint to the Station House Officer (SHO).
- Review Written Record: The officer must read out the written FIR to you before you sign it. Verify every detail.
- Collect Free Certified Copy: Under Section 173(2) BNSS, the informant has a statutory right to receive a stamped copy of the FIR free of cost immediately.
Supreme Court Rulings & Legal Precedents
Landmark Judicial Citations:
- Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: A 5-judge Constitution Bench held that registration of an FIR is mandatory under law if the information discloses the commission of a cognizable offence.
- Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: Strict checks against automatic arrests in offences punishable with less than 7 years imprisonment, codified under Section 35 BNSS.
Remedies if Police Refuse to Register an FIR
If local police refuse to register a cognizable complaint, follow this statutory escalation hierarchy:
- Step 1: Written Representation to SP/DCP (Section 175(3) BNSS): Send your written complaint by speed post or email to the Superintendent of Police. If satisfied, the SP directs investigation.
- Step 2: Magistrate Application (Section 175(4) BNSS): If the SP fails to act within a reasonable time, your criminal advocate can file an application before the Judicial Magistrate to direct FIR registration.
- Step 3: High Court Writ Petition (Article 226): In serious cases involving fundamental rights violations or police inaction, file a Writ of Mandamus before the High Court.
Essential Evidence & Documents Checklist
- Government-issued ID Proof (Aadhaar Card, Voter ID, or Passport).
- Chronological statement of facts with dates and transaction IDs.
- Digital evidence: WhatsApp messages, emails, call logs, bank statements, or CCTV recordings.
- Medico-Legal Certificate (MLC) from a government hospital in assault or physical injury cases.
- Contact details of independent witnesses.
Frequently Asked Questions (FAQs)
Can police conduct a preliminary enquiry before registering an FIR under BNS?
Yes. Under Section 173(3) BNSS, for offences punishable between 3 and 7 years, the police 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.
What is the fee for obtaining an FIR copy?
Under Section 173(2) BNSS, receiving an official copy of the registered FIR is completely free of cost for the informant.
Can I file an FIR for an incident that happened to someone else?
Yes. Any person who has knowledge of a cognizable offence can report it to the police. The law does not require that only the victim can file an FIR.
Need legal help for this matter?
Share your case details and preferred consultation mode. Hire Your Vakeel will help you take the next step with an advocate.
Request advocate consultation