Introduction
FIR stands for First Information Report (hereinafter referred to as “FIR”). A First Information Report (FIR) is the first step in India’s criminal justice process. However, the term “FIR” has not been specifically defined under the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “the BNSS”). It refers to information provided to the police about the commission of a cognizable offence, enabling them to begin an investigation. The FIR sets the criminal law in motion and authorises the police to start an investigation into cognizable offences such as robbery, murder, rape, kidnapping, and theft, among others.
What is the cognizable offence?
Section 2(g)1 talks about “cognizable offence”; that means a police officer can arrest the accused person without a warrant or arrest the accused person for offences that fall under the First Schedule of the BNSS or any other law. On the other hand, section 175(1)2 of the BNSS empowers the police officer may investigate any cognizable case without the order of a Magistrate.
Objective of FIR
The principal object of the FIR, from the informant's point of view, is to set the criminal law in motion3, and the police cannot refuse to register the complaint. In other words, we say that whenever the police receive information about the commission of a cognizable offence. The police officer shall begin the investigation and register the FIR against the offender in order to provide justice to the informant.
Content of FIR
The FIR is not considered an encyclopedia4 of the offence; it provides only basic information about the crime. That means we say FIR does not provide exhaustive information regarding the incidence of the offence.
Procedure to lodge an FIR
According to Section 1735 of the BNSS, whenever an informant gives information regarding the commission of a cognizable offence to the officer in charge of a police station, the information may be given in three ways. 1. The Informant gives information regarding the commission of cognizable offences to an officer in charge of a police station orally, and it shall be reduced to writing and read over to the Informant. [Section 173(1)(i)]6 2. The Informant gives information regarding the commission of cognizable offences to an officer in charge of a police station by writing. It shall be signed by the person giving it. [Section 173 (1)(i)]7 3. Whenever the informant gives information regarding the commission of cognizable offences to an officer in charge of a police station by electronic communication, it shall be taken on record by the officer in charge of a police station on being signed within 3 days by the informant. [173(1)(ii)]
What is the ZERO FIR?
The concept of Zero FIR was introduced through the Criminal Law Amendment based on the recommendations of the three-member committee headed by Justice J. S. Verma. Further, Section 173(1) of the BNSS defines Zero FIR. It means that whenever a cognizable offence is committed, the officer in charge of a police station must register the FIR upon receiving the information, whether given orally or through electronic communication, irrespective of the territorial jurisdiction where the offence was committed. Thereafter, the FIR may be transferred to the police station having proper jurisdiction for investigation. In such cases, the FIR is registered with the serial number “Zero” and is later transferred to the police station having the proper jurisdiction for investigation. According to DBS Bank India Ltd v The State of Kerala and Others8, the Hon’ble Kerala High Court held that the concept of Zero FIR is recognised under Section 173 of the BNSS, and the police cannot refuse to register an FIR on the ground of lack of territorial jurisdiction. In this case, Hon’ble Justice Kauser Edappagath said that “The implementation of Section 173 of BNSS marks a significant shift in how the police handles information relating to the commission of a cognizable offence. Now, Zero FIR has been given statutory recognition by incorporating it in Section 173 of BNSS, which deals with registration of FIR in cognizable cases. Zero FIR has been introduced with the primary purpose of ensuring that the victims can file complaints regardless of jurisdiction9.”
What is the E-FIR?
According to section 173(1)(ii)10 of the BNSS deals with E-FIR. Whenever the informant gives information regarding the commission of cognizable offences to an officer in charge of a police station by electronic communication, it shall be taken on record by the officer in charge of a police station on being signed within 3 days by the informant, and it shall be entered in a book such as General diary/Station diary/ Daily Diary.
What is the Multiple FIR?
Multiple FIRs mean filing more than one FIR for the same incident or offence. Generally, the law does not allow multiple FIRs for the same matter because it can result in repeated investigations, unnecessary harassment of the accused, and misuse of the legal process. As per the State (NCT of Delhi) v. Khimji Bhai Jadeja, the Hon’ble Supreme Court held that Multiple FIRs need not be registered with respect to each duped individual11. As per the T.T.Antony vs State of Kerala & Ors12, The Hon’ble Supreme Court held that a second FIR under Section 154 of the Code of Criminal Procedure, 1973, for the same incident is not valid and has no legal effect. As per the Amish Devgan vs Union of India13, The Hon’ble Supreme Court held that there cannot be a second FIR when the information relates to the same cognizable offence or arises out of the same incident or occurrence mentioned in the first FIR.
Is the Registration of an FIR Mandatory?
Yes, the registration of an FIR is mandatory, and the police shall not refuse to register it if the information provided discloses the commission of a cognizable offence. According to Lalita Kumari vs. State of Uttar Pradesh14, a five-judge Bench of the Supreme Court held that Section 154(1) of the Code of Criminal Procedure, 1973 (now Section 173 of the BNSS) makes it mandatory for the police to register an FIR when the information provided clearly discloses the commission of a cognizable offence. However, if the information does not prima facie disclose a cognizable offence, the police must conduct a preliminary inquiry to determine whether a cognizable offence has been committed. However, Section 173(3) of the BNSS introduces a significant change from Section 154 of the Code of Criminal Procedure, 1973. Such preliminary inquiries may be conducted in matters relating to matrimonial disputes, medical negligence, commercial transactions, and similar cases.
How are Section 173(1) and Section 173(3) of the BNSS interlinked?
Section 173(1) empowers the police officer shall not refuse to register the FIR if the information discloses the commission of a cognizable offence. But if the information does not disclose the commission of a cognizable offence prima facie, then under Section 173(3)15 of the BNSS, a police officer must conduct a preliminary enquiry, as provided under Section 175, after receiving information about the commission of a cognizable offence. However, such an enquiry can be conducted only after obtaining prior permission from an officer not below the rank of Deputy Superintendent of Police (DSP). The preliminary enquiry must be completed within 14 days and is applicable in cases where the offence is punishable with imprisonment for more than 3 years but less than 7 years.
What if the police refuse to lodge an FIR?
Whenever a police officer refuses to register an FIR in a cognizable offence, the aggrieved person has two legal remedies to get the FIR registered.
❖ According to Section 173(4)16 of the BNSS, if a police officer refuses to register an FIR, the aggrieved person may submit a written complaint by post to the Superintendent of Police (SP). If the SP is satisfied that the information discloses the commission of a cognizable offence, he may either investigate the case himself or direct a subordinate officer to conduct the investigation.
❖ Any aggrieved person shall make an application under section 175(3)17, which is supported by an affidavit; the magistrate shall either himself conduct an inquiry or order such an investigation by a police officer.
CONCLUSION
A First Information Report (FIR) is an important part of the criminal justice system. It enables the police to start the investigation of a cognizable offence and ensures that legal action begins without unnecessary delay. An FIR also protects the rights of victims and promotes fairness and transparency in the investigation process. The BNSS has introduced several reforms to make the FIR process simpler and more effective. Provisions such as Zero FIR, online FIR registration, and remedies against refusal to register an FIR have made the system more accessible and citizen-friendly, thereby improving access to justice.
Written By
ABISHEK KUMAR, Nyaya Nishtha
REFERENCES- 1 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.2(g) 2 The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No.46 of 2023), s.175(1) 3 R.V. Kelkar’s Criminal, Eastern Book Company, Lucknow, 6th edition,2014 4 Krishna’s Criminal Procedure,20,1st edition, May 2020.5 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.173 6 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.173 7 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.173 8 2024 LiveLaw (Ker) 7849 Ibid. 10 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.173 11 2026 LiveLaw (SC) 11 12 https://indiankanoon.org/doc/1974324/ 13 https://indiankanoon.org/doc/137859300/14 R.V. Kelkar’s Criminal, Eastern Book Company,128, Lucknow, 6th edition,2014 15 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.173(3). 16 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.173(4).17 The Bharatiya Nagarik Suraksha Sanhita,2023 (Act No.46 of 2023), s.175(3.
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