First Information Report (FIR): Meaning, Section 173 BNSS & Rights

A First Information Report (FIR) is the written document prepared by the police on receiving the first information relating to the commission of a cognizable offence. It sets the criminal justice process in motion — without an FIR, the police cannot, as a rule, begin a formal investigation into a cognizable offence. The FIR is the foundation document on which the investigation, charge sheet and subsequent trial rest.

From 1 July 2024, the FIR is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the new criminal procedure law that replaced the Code of Criminal Procedure, 1973 (CrPC), in which the corresponding provision was Section 154. The change is procedural: the substance of what an FIR is, who can file one, and the citizen's rights remain broadly the same.

What is an FIR? (Definition and Essentials)

The term "First Information Report" is not defined in the BNSS or the erstwhile CrPC. Judicial decisions have identified four essentials:

1. It must be information — not a conclusion.
2. It must relate to the commission of a cognizable offence.
3. It must be the first in point of time.
4. It must be reduced to writing and signed by the informant.

The report is entered verbatim in the First Information Book maintained at the police station; a free copy must be handed to the informant.

Cognizable vs Non-Cognizable Offences

Cognizable offences are listed in the First Schedule of BNSS and generally carry imprisonment of three years or more.

Section 173 BNSS — Key Provisions

173(1) — Receipt of Information

Every information relating to the commission of a cognizable offence, whether oral or written, shall be reduced to writing, read over to the informant, signed, and entered in the station diary.

173(1) Proviso — Gender-Sensitive Provisions

For offences under Sections 64–71, 74–79, 124 BNS (rape, sexual harassment, voyeurism, stalking, etc.), information shall be recorded by a woman police officer, and — if the victim is physically or mentally disabled — at the victim's residence, with a legal aid lawyer and video recording.

173(2) — Copy to Informant

A copy of the FIR shall be given free of cost and forthwith to the informant.

173(3) — New Provision — Preliminary Enquiry

A major change introduced by BNSS: for offences punishable with imprisonment of three to seven years, the police officer may — with prior permission from a superior officer (not below DSP) — conduct a preliminary enquiry within 14 days to ascertain whether a prima facie case exists, before registering the FIR.

173(4) — Refusal Remedy

If the SHO refuses to register an FIR, the informant may send the substance of the information in writing, by post, to the Superintendent of Police (SP), who shall either investigate or direct investigation.

175 BNSS — Magistrate's Power

If the SP also refuses, the informant may approach the Judicial Magistrate under Section 175(3) BNSS (earlier Sec 156(3) CrPC). The Magistrate may order registration and investigation after considering the application.

Electronic FIR (e-FIR)

Section 173(1) BNSS expressly permits filing of an FIR through electronic communication. The informant must sign the FIR within three days at the police station for it to be valid. Most states offer:

• Online portals (e.g., Delhi Police e-FIR, Tamil Nadu Citizen Services)
• CCTNS (Crime and Criminal Tracking Network & Systems) — the national digital backbone launched in 2009, used for FIR entry and sharing across states

Zero FIR

A Zero FIR is an FIR registered at any police station regardless of territorial jurisdiction. It is numbered "0" temporarily and later transferred to the police station with proper jurisdiction, where it is assigned a regular number.

Origin: Recommended by the Justice Verma Committee after the December 2012 Nirbhaya case; endorsed by MHA advisory of 10 May 2013.

Significance:

• Prevents delay in recording serious offences (rape, murder, kidnapping)
• Enables prompt medical examination and evidence collection
• Explicitly recognised by BNSS: Section 173(1) places a duty on every police station, "irrespective of the area where the offence is committed," to register the FIR and transfer it.

Who Can File an FIR?

• The victim
• A witness to the offence
• Any person who has knowledge of a cognizable offence — need not be personally affected
• A relative or friend on behalf of a victim
• Police officers themselves — when they learn of the offence in the course of duty

Anonymous information cannot be FIR — the informant's identity must be recorded.

Contents of an FIR

A properly drafted FIR records:

Landmark Judgments

Lalita Kumari v. Government of UP (2014) — 5-judge bench

The Supreme Court held that:

1. Registration of FIR is mandatory under Section 154 CrPC (now Sec 173 BNSS) if the information discloses a cognizable offence.
2. No preliminary inquiry is permissible in such situations.
3. If the information does not disclose a cognizable offence but indicates the need for inquiry, a preliminary inquiry may be conducted within 7 days.
4. Failure to register an FIR is a dereliction of duty; action must be taken against the officer.

The BNSS has codified a modified version of this ruling — preliminary enquiry is now statutory for 3–7 year offences.

State of Haryana v. Bhajan Lal (1992)

Laid down seven categories where FIR and criminal proceedings can be quashed under Section 482 CrPC (now Sec 528 BNSS) — e.g., allegations do not disclose any offence, allegations are inherently improbable, proceedings are an abuse of process.

Youth Bar Association v. Union of India (2016)

FIRs (except in sensitive categories like sexual offences, POCSO, terrorism) must be uploaded on the police website within 24 hours to enable the accused to obtain copies.

FIR vs Complaint vs NCR vs Charge Sheet

Rights of a Person Filing an FIR

• Right to free copy of the FIR (Section 173(2) BNSS)
• Right to refusal remedy under Section 173(4) and 175(3)
• Right to be informed of the progress of the investigation — periodic updates within 90 days are now mandatory under Section 193(3)(ii) BNSS (a new citizen-centric provision)
• Right to record statement at victim's residence in sensitive cases
• Right against coerced retraction

False FIR — Punishment

Filing a false FIR is an offence under:

• Section 217 BNS (earlier Sec 182 IPC) — false information to public servant: up to 6 months / fine / both
• Section 248 BNS (earlier Sec 211 IPC) — false charge of offence with intent to injure: up to 2 years / 7 years if charging a capital offence

General Diary

Every police station maintains a General Diary (Station Diary) under Section 37 of the Police Act, 1861. It records every activity of the station. An FIR is entered both in the General Diary and the First Information Book.

NCRB Data (Latest Available)

As per the NCRB Crime in India Report (latest 2022 edition):

• Total cognizable offences registered: ~58 lakh (IPC + SLL)
• Cases registered under IPC: ~35 lakh
• Crime rate per 1 lakh population: ~258
• Cybercrime FIRs (IT Act + IPC cyber sections): ~65,893
• Charge sheeting rate (IPC): ~71%

UPSC Relevance

GS2 (Governance): Criminal justice reform, citizen-police interface, BNSS as successor to CrPC.

GS3 (Security & Internal Security): Investigation machinery, CCTNS, data-driven policing.

GS4 (Ethics): Police accountability, victim rights, duty to register FIR.

Key Prelims facts:

• FIR governed by: Section 173 BNSS, 2023 (earlier Section 154 CrPC, 1973)
• BNSS effective from: 1 July 2024
• Applies only to: Cognizable offences
• Non-cognizable report: Section 174 BNSS (earlier Sec 155 CrPC)
• Zero FIR: Can be filed at any police station regardless of jurisdiction
• Lalita Kumari judgment year: 2014 (5-judge bench)
• Preliminary inquiry for 3–7 year offences: new under Sec 173(3) BNSS
• e-FIR: Must be signed within 3 days to be valid
• Refusal remedies: SP under Sec 173(4); Magistrate under Sec 175(3)
• False FIR punishment: Sec 217 / Sec 248 BNS
• Judicial direction on uploading FIRs: Youth Bar Association v. UoI, 2016