FIR stands for First Information Report. It is the document prepared by police when they first receive information about the commission of a cognizable offence — an offence in which the police can arrest without a warrant and investigate without permission from a magistrate. The FIR is governed by Section 154 of the Code of Criminal Procedure (CrPC), 1973 — now replaced by Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The FIR is not a substantive piece of evidence — it is merely the starting point of a criminal investigation. For UPSC, the FIR concept connects to Criminal Law, Police Administration, and Governance.
What Is an FIR?
An FIR is a written document prepared by the police when they receive information about a cognizable offence — an offence where:
- The police can arrest without a warrant
- The police can investigate without a magistrate's order
- Examples: murder, robbery, kidnapping, rioting, dowry death, sexual assault
For non-cognizable offences (less serious offences like simple assault, defamation, cheating), the police cannot register an FIR directly. They register an NCR (Non-Cognizable Report) and the complainant must approach a magistrate for further action.
Who Can File an FIR?
| Who | Condition |
|---|---|
| The victim | Directly at any police station |
| Any person who knows about the offence | Need not be the victim — any person with knowledge can inform the police |
| Police themselves | If an officer learns of a cognizable offence through any source |
| Oral or written | Information can be given orally (police must write it down and get it signed) or in writing |
Key point: The police cannot refuse to register an FIR for a cognizable offence. If they do, it is a dereliction of duty. The Supreme Court has repeatedly affirmed this.
FIR Registration Process
Step 1: The informant (complainant) approaches a police station and provides information about a cognizable offence.
Step 2: The Station House Officer (SHO) or officer in charge records the information in writing — this is the FIR.
Step 3: The FIR is entered in a General Diary / Station Diary and assigned a case number.
Step 4: A copy of the FIR must be given free of cost to the informant.
Step 5: Investigation begins — the police can now visit the crime scene, collect evidence, examine witnesses, and arrest suspects.
Essential Contents of an FIR
| Content | Details |
|---|---|
| Name and address of the complainant | Who is reporting |
| Date, time, and place of the offence | When and where |
| Details of the incident | What happened |
| Name of the accused (if known) | Who committed the offence |
| Witnesses (if any) | Who saw it |
| Description of property stolen/damaged (if applicable) | What was lost |
Zero FIR
A Zero FIR is an FIR that can be filed at any police station, regardless of the jurisdiction where the crime occurred. The FIR is later transferred to the police station that has jurisdiction over the area of the offence.
Purpose: To ensure that an FIR is not delayed because the victim went to the "wrong" police station. This is particularly important in cases of sexual assault, where victims may flee to a different jurisdiction.
Legal basis: The Zero FIR concept was formally incorporated into the Criminal Law (Amendment) Act, 2013 (following the Justice Verma Committee recommendations after the Nirbhaya case).
Under BNSS Section 173, the concept of Zero FIR is further strengthened — the FIR can be registered at any police station and then transferred.
e-FIR
Several states now allow e-FIR — filing an FIR online through state police portals. However:
- e-FIR is typically available only for certain categories of offences (theft, vehicle theft, lost property)
- For serious offences (murder, rape, kidnapping), physical presence at the police station is still required
- The e-FIR must be followed up with a physical visit to verify and sign the complaint
FIR vs. Complaint vs. NCR
| Document | For What | Police Action |
|---|---|---|
| FIR | Cognizable offences (serious crimes) | Police MUST register; investigation begins immediately |
| NCR (Non-Cognizable Report) | Non-cognizable offences (minor offences) | Police record it; complainant must approach magistrate for investigation order |
| Complaint to Magistrate | When police refuse to register FIR, or for non-cognizable offences | Magistrate can direct police to investigate |
| Daily Diary / General Entry | Routine reports (missing persons, accidents, suspicious activity) | Recorded for information; may or may not lead to FIR |
Key Legal Provisions
Under CrPC (Old)
| Section | Provision |
|---|---|
| Section 154 | Registration of FIR for cognizable offences |
| Section 155 | Information about non-cognizable offences (NCR) |
| Section 156 | Police officer's power to investigate cognizable cases |
| Section 190 | Magistrate can take cognizance on complaint |
Under BNSS (New — effective July 1, 2024)
| Section | Provision |
|---|---|
| Section 173 | Registration of FIR (replaces Section 154 CrPC) |
| Section 174 | Non-cognizable offences |
| Section 175 | Investigation powers |
Key BNSS change: Section 173 BNSS mandates that FIRs can also be registered electronically and that the informant must receive a copy within 14 days of registration.
Key Supreme Court Rulings
| Case | Year | Ruling |
|---|---|---|
| Lalita Kumari v. Government of UP | 2014 | Police MUST register an FIR when information about a cognizable offence is received — no preliminary inquiry can be conducted before registration |
| State of Haryana v. Bhajan Lal | 1992 | Laid down guidelines for when an FIR can be quashed by High Courts |
| Sakiri Vasu v. State of UP | 2008 | If police refuse to register FIR, the complainant can approach the Superintendent of Police under Section 154(3) or directly approach the Magistrate under Section 156(3) |
Lalita Kumari (2014) is the most important ruling — it settled the long-standing controversy about whether police had discretion in registering FIRs. The answer: no discretion — registration is mandatory for cognizable offences.
UPSC Relevance
GS2 (Governance): Police administration, criminal justice system, citizen rights.
GS4 (Ethics): Police accountability, public service delivery.
Key Prelims facts:
- FIR = First Information Report
- Section 154 CrPC / Section 173 BNSS
- For cognizable offences only
- Police MUST register — Lalita Kumari v. Govt of UP (2014)
- Zero FIR: Can be filed at any police station (Criminal Law Amendment, 2013)
- Copy must be given free to complainant
- FIR is NOT evidence — it is the starting point of investigation
- For non-cognizable offences: NCR is filed, not FIR
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