FIRST INFORMATION REPORT( SECTION 173 BNSS)

I. Introduction
As its name suggests, First Information Report (FIR) refers to the initial
description given by a victim or any other individual on their behalf to the officer
in charge of a police station regarding a cognizable offence. Section 173 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) (earlier Section 154 CrPC)
deals with the First Information Report.
Filing an FIR is the first and crucial step for initiating police investigation in cases
of cognizable offences. However, it is important to note that the term FIR has
not been defined anywhere in criminal law. It has only been mentioned in
Section 230 of BNSS as “First Information Report.”

With the advent of new criminal laws in India, various new provisions have been
introduced, and older ones have been amended. The Bhartiya Nagarik Suraksha
Sanhita, 2023, has introduced Zero FIR, E-FIR, and the concept of Preliminary
Enquiry. This article will discuss these in detail.

II. Essentials of Filing an FIR

1. The information must relate to the commission of a cognizable offence.
2. The report can be filed in any police station, irrespective of the area.
3. The information may be given orally or in writing.
4. If given orally, it should be reduced to writing by the officer in charge of the
police station or under their direction. If given in writing, it should be signed
by the informant.
5. The information should be communicated to the officer in charge of the
police station.
6. The substance of the information should be entered in a book, as prescribed
by the State Government, known as the General Diary.
7. The statement must be written down, signed by the informant, and recorded
in a daily diary.
8. A copy of the FIR must be provided to the informant upon registration.

III. Difference Between Cognizable and Non-Cognizable Offences

Cognizable Offence:-Serious crimes where the police can start an investigation
without prior approval or court order.An FIR is registered for such offences.
Non-Cognizable Offence:- Non-serious crimes where the police require a warrant
to start an investigation.A Non-Cognizable Report (NCR) is filed instead of an
FIR.

IV. Types of FIR Under the New Criminal Laws

A. Regular FIR
A standard FIR registered when a police station receives a complaint of a crime
within its jurisdiction.
B. Zero FIR
A new provision that allows an individual to file an FIR at any police station,
irrespective of jurisdiction. It is later transferred to the concerned police station.
C. E-FIR
An electronic FIR, which allows a victim to file an FIR online through the internet.
D. Non-Cognizable Report (NCR)
Filed in cases of non-serious offences, where police require permission to
investigate.
E. Counter FIR
An FIR filed by the accused party against the complainant for the same offence.
F. Cross FIR
An FIR filed by another party regarding the same offence but with a different
version of events.
G. False FIR
An FIR filed with malicious intent to mislead law enforcement or harass an
individual.

V. Provisions of Section 173 of BNSS (Earlier Section 154 of CrPC)

Apart from general rules regarding FIR filing, Section 173 of BNSS introduces
specific provisions:
A. Crimes Against Women
If a woman victim files an FIR for crimes like stalking, rape, etc., her statement
must be recorded by a woman police officer or any other female officer.
B. Crimes Against Persons with Disabilities
In cases where the victim is disabled, the police must record the statement at
the victim’s residence or a location suitable for their convenience.The statement
should be taken in the presence of an interpreter or special educator, if
necessary.
C. Preliminary Enquiry
If the reported cognizable offence is punishable for three to seven years, the
police may conduct a preliminary enquiry before registering the FIR.Such an
enquiry requires prior approval from an officer not below the rank of Deputy
Superintendent of Police (DSP).

VI. What If the Police Refuses to File an FIR?

If a police officer refuses to register an FIR, the complainant has the following
options:
--Approach the Superintendent of Police (SP)
The complainant may send the details of the offence in writing via post to the
SP.
If the SP finds the information credible, they may either investigate the matter
themselves or direct a subordinate officer to do so.
--Approach the Magistrate
If the SP fails to act, the complainant can approach the Magistrate, who may
order the police to investigate the case.

VII. Procedure After Filing an FIR

a) The police begin investigating the case, collecting evidence from witness
statements and other sources.
b) In cognizable offences, the police can arrest the suspect without prior
approval.
c) If sufficient evidence is found, a chargesheet is filed in court.
d) If no evidence is found, a final report (closure report) is prepared.
e) If the investigators believe that no offence was committed, a cancellation
report is filed.
f) If the accused is untraceable, an untraced report is filed.
g) The court may accept the investigation or order re-investigation if
dissatisfied.

VIII. Evidentiary Value of an FIR

An FIR is not considered substantive evidence but is an important piece of
evidence.
It cannot be used against the informant if they later become the accused.
It can be used for the following purposes:
Corroboration: The prosecution can use an FIR to support a witness statement.
Contradiction: An FIR can be used to contradict the statement of the person
who filed it.
Determining Spontaneity: It serves as proof that the statement was not
premeditated.
Cause of Death: If the informant dies, the FIR can be used as substantive
evidence.
Case Law: Ram Chandra v. State of Haryana
The Supreme Court held that the contents of an FIR can only be used for
corroboration and contradiction and not as substantive evidence.

IX. Is Filing an FIR Mandatory?

Case Law: Lalita Kumari v. Government of UP (2014)
The Supreme Court held that registering an FIR is mandatory if the information
discloses a cognizable offence.
Facts of the Case:
Lalita Kumari’s father reported her kidnapping, but the police delayed filing the
FIR, taking no action to rescue the child.
The Supreme Court laid down guidelines regarding mandatory FIR registration.
Guidelines Issued by the Supreme Court:
1. Mandatory Registration: If the complaint relates to a cognizable offence,
an FIR must be registered immediately.
2. Preliminary Enquiry: If the case is unclear, a preliminary enquiry must be
conducted.
3. Closure of Inquiry: If no cognizable offence is found, the case must be
closed with reasons provided.
4. Timeframe: A preliminary enquiry must be completed within 7 days.
5. General Diary Entry: Details of FIR or enquiry must be recorded.
6. Duty of Police: If the offence is apparent, the police must register the FIR.
Failure to do so can lead to disciplinary action.

X. Applicability of Preliminary Enquiry

A preliminary enquiry applies to cases such as:
i. Matrimonial/Family disputes
ii. Medical negligence cases
iii. Corruption cases
iv. Commercial offences
v. Cases with undue delay (over 3 months) in prosecution

XI. What is Zero-FIR?

The Justice Verma Committee, formed to report on the Nirbhaya Case (2012)
and suggest reforms in the Indian Criminal Justice System, recommended the
introduction of Zero FIR.Zero FIR is a provision allowing an aggrieved person to
file an FIR at any police station across the country, irrespective of
jurisdiction.The police station that receives the FIR will record it, ,transfer it to
the relevant police station for investigation and then assign an FIR number.
Purpose of Zero FIR
The primary objective of this provision is to enhance accountability and
efficiency in the FIR filing system. It ensures that no complaint goes
unregistered due to jurisdictional barriers.

XII. Ways to Register a Zero FIR under Section 173 of BNSS

A person can register a Zero FIR anywhere in the country through two methods:
a) Orally
If the information is provided orally, the police officer must write it down and
read it back to the complainant for confirmation.
The complainant must sign the written report to validate it.
b) Electronically
If the FIR is reported electronically, it must be officially recorded.
The complainant must sign the report within three days for confirmation.
Relevant Case Law: Satvinder Kaur vs State (1999)
The Delhi High Court initially quashed an FIR filed in Delhi, citing lack of
territorial jurisdiction since the incident occurred in Patiala. However, the
Supreme Court overturned this decision, ruling that under Section 156 of the
Criminal Procedure Code (CrPC), the police can investigate cognizable offenses
regardless of jurisdiction.
XIII. LODGING AN FIR ELECTRONICALLY – E-FIR
The 22nd Law Commission of India, led by Justice Ritu Raj Awasthi, in its 282nd
report, recommended amendments to Section 154 of the CrPC, advocating for
electronic FIR registration.
What is E-FIR?
E-FIR (Electronic FIR) is a provision allowing individuals to file complaints online
without visiting a police station.
Purpose of E-FIR
E-FIR aims to remove barriers such as:
a. Lack of transport to reach a police station.
b. Extreme distances.
c. Police station refusals in registering an FIR.

XIV. PROCEDURE TO FILE AN E-FIR

Step 1: Identifying the Offense on the Centralized National Portal (CNP)
The police officer will first determine whether the reported case involves a
cognizable offense punishable by three or more years of imprisonment.
Step 2: Registration Based on the Nature of the Offense
Cognizable offenses (punishable up to 3 years) → FIR is registered within three
days as per Annexure-C.
Cognizable offenses (punishable beyond 3 years) → FIR is registered following
the procedure under Section 154 of CrPC (now Section 173 of BNSS).
Non-Cognizable Offenses → E-FIR registration is not applicable. The police must
provide reasons for refusal, which will be uploaded to the CNP status portal.
Step 3: Informing the Complainant
After registering an E-FIR, the police must notify the complainant about the
status via:
I. SMS on their mobile phone, or
II. Updating the CNP portal under the “STATUS” tab.
III. The complainant must sign the report within three days.
Step 4: Confirmation of Filing
A confirmation message is sent once the FIR is successfully registered. However,
an unsigned E-FIR will be deleted from the system.

XV. Conclusion
The introduction of Zero FIR and E-FIR under India’s new criminal laws ensures
greater accessibility and efficiency in the justice system.Zero FIR guarantees
that no crime goes unregistered due to jurisdictional constraints.E-FIR simplifies
the process, enabling quick and stress-free FIR registration.As responsible
citizens, it is crucial to understand these legal provisions and spread awareness
to help reduce crime in the country.