First Information Report (FIR) in India: Complete Legal Guide Under the New Criminal Laws (PART I)

About This Article Series

The law relating to First Information Reports ("FIRs") in India is extensive and involves statutory provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023"), judicial precedents of the Supreme Court and various High Courts, procedural safeguards, remedies against police inaction, corporate criminal liability, and practical aspects of FIR registration.

To ensure a comprehensive yet reader-friendly discussion, this guide has been divided into three parts:

Part I – Fundamentals of FIR Law (this article)

• Meaning and purpose of an FIR
• Statutory framework governing FIRs
• Transition from the Code of Criminal Procedure, 1973 ("CrPC, 1973") to the BNSS, 2023
• Essential ingredients of an FIR
• Cognizable and non-cognizable offences
• Mandatory registration of FIRs
• The landmark decision in Lalita Kumari v. Government of Uttar Pradesh & Ors.
• The concept of Zero FIR
• Foundational principles governing criminal investigations

Part II – FIR Registration, Police Refusal and Judicial Remedies

• Difference between an FIR and a police complaint; FIR vs NCR; FIR vs Chargesheet; FIR vs Police Report
• What happens when police refuse to register an FIR
• Remedies before the Superintendent of Police
• Applications before Magistrates under Section 175(3) BNSS, 2023
• Writ remedies before High Courts
• Powers of Magistrates and Sessions Courts
• Important Supreme Court precedents governing FIR registration

Part III – Corporate FIRs, State Procedures and Practical FAQs

• FIR against companies, body corporates, directors and key managerial personnel
• Online FIRs
• FIR filing procedure in Delhi, Noida and Gurugram
• Delay in FIR; multiple FIRs and counter FIRs
• Quashing of FIRs
• Certified copies of FIRs; FIRs and RTI
• Frequently asked questions and important judicial precedents

Introduction

The First Information Report ("FIR") forms the foundation of the criminal justice system in India. In most cases involving cognizable offences, the registration of an FIR marks the formal commencement of the criminal investigation process and enables law enforcement authorities to exercise investigative powers conferred by law.

Whether the allegation concerns murder, cheating, criminal breach of trust, kidnapping, cybercrime, corporate fraud, sexual offences, or other serious criminal conduct, the FIR often serves as the gateway through which criminal law is set into motion.

With the enactment of India's new criminal law framework, the law governing FIRs has undergone important statutory changes. The Code of Criminal Procedure, 1973 ("CrPC, 1973"), has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023"). Similarly, the Indian Penal Code, 1860 ("IPC, 1860"), has been replaced by the Bharatiya Nyaya Sanhita, 2023 ("BNS, 2023"), and the Indian Evidence Act, 1872 ("IEA, 1872"), has been replaced by the Bharatiya Sakshya Adhiniyam, 2023 ("BSA, 2023").

This article examines the concept of FIRs under the present legal framework while also analysing the transition from the previous criminal law regime.

Quick Overview: Key Takeaways About FIRs

Statutory Framework Governing FIRs in India

The law relating to FIRs presently operates within a three-statute framework.

Bharatiya Nyaya Sanhita, 2023 ("BNS, 2023")

The BNS, 2023 defines criminal offences and prescribes punishments. An FIR ordinarily alleges commission of one or more offences defined under the BNS, 2023 or other special enactments. Examples of offences under BNS, 2023 that may be the subject of an FIR include:

• Murder; Culpable homicide; Attempt to murder
• Theft; Robbery; Dacoity
• Criminal breach of trust; Cheating; Forgery
• Cyber offences; Economic offences
• Offences against women and children; Kidnapping and abduction

Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023")

The BNSS, 2023 governs criminal procedure. The principal FIR-related provisions are:

These provisions broadly correspond to Sections 154, 155, 156 and 157 of the CrPC, 1973.

Bharatiya Sakshya Adhiniyam, 2023 ("BSA, 2023")

The BSA, 2023 governs evidentiary principles. Although an FIR is not substantive evidence of guilt, it frequently assumes evidentiary significance for: corroboration and contradiction of testimony; assessing promptness of reporting; evaluating conduct of parties; and determining the earliest version of events.

Historical Evolution of FIR Law: CrPC vs BNSS

Position Under the Earlier Criminal Law Regime

Prior to the enactment of the new criminal laws, FIR registration was governed by Section 154 CrPC, 1973. The statutory framework consisted of the Indian Penal Code, 1860 (substantive criminal law), the Code of Criminal Procedure, 1973 (procedural criminal law), and the Indian Evidence Act, 1872 (law of evidence). This framework governed criminal proceedings in India for several decades.

Position Under the New Criminal Law Regime

The present framework — the BNS, 2023, BNSS, 2023 and BSA, 2023 — came into effect on 1 July 2024. While the basic principles governing FIR registration remain substantially unchanged, the BNSS, 2023 introduces technology-driven reforms and expressly recognises certain concepts that previously existed primarily through judicial and administrative practice.

CrPC vs BNSS: Comparative Analysis of FIR Provisions

The legislative philosophy remains similar, but BNSS, 2023 introduces express recognition of electronic communication and territorial-jurisdiction-independent reporting (Zero FIR).

What is an FIR?

An FIR is the earliest information relating to the commission of a cognizable offence recorded by a police officer in accordance with law. The statutory foundation of an FIR is contained in Section 173 BNSS, 2023.

The term "First Information Report" does not itself appear in the BNSS, 2023 — the operative provision is Section 173 — but the term has been used in judicial decisions, legal literature and common parlance for over a century.

The object of an FIR is not to provide exhaustive evidence or a complete legal brief. Rather, its purpose is to notify law enforcement authorities that a cognizable offence has allegedly occurred and that investigation is required. An FIR therefore acts as the starting point of the criminal investigation process.

Statutory Analysis of Section 173, BNSS, 2023

Section 173 BNSS, 2023 constitutes the principal provision governing FIR registration. The provision may be analysed as follows.

Section 173(1): Information Relating to Cognizable Offences

Information may be furnished in three modes:

• Orally: Where information is provided orally, the officer receiving it must reduce the information into writing and read it over to the informant before obtaining the informant's signature.
• In Writing: Where information is already provided in writing, it is recorded accordingly.
• Through Electronic Communication: One of the important reforms introduced by BNSS, 2023 is the express recognition of electronic communication for reporting cognizable offences. This reflects the increasing role of digital technology in criminal investigations and was not expressly provided for under Section 154 CrPC, 1973.

Section 173(2): Free Copy of FIR

A free copy of the FIR must be supplied to the informant or victim immediately upon registration. This promotes transparency and accountability in criminal investigations and is an important right of the complainant.

Section 173(3): Preliminary Inquiry

BNSS, 2023 introduces a limited statutory framework for preliminary inquiry in specified categories of cases. Where an offence is punishable with imprisonment of three years or more but less than seven years, a preliminary inquiry may be conducted in accordance with statutory requirements before registration in certain circumstances. This provision must be read in light of the principles laid down by the Supreme Court in Lalita Kumari (discussed below).

Section 173(4): Remedy Before Superintendent of Police

Where the officer in charge of a police station refuses to record information relating to a cognizable offence, the aggrieved person may approach the Superintendent of Police. This provision substantially corresponds to the remedy previously available under Section 154(3) CrPC, 1973. The Superintendent of Police may then either investigate the matter themselves or direct a subordinate officer to do so.

What is a Cognizable Offence?

A cognizable offence is an offence in which police officers may investigate without obtaining prior permission from a Magistrate, and in respect of which they may arrest an accused without a warrant.

Section 2(1)(f) of the BNSS, 2023 defines a "cognizable offence" as an offence for which, and a "cognizable case" as a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

Where information discloses commission of a cognizable offence, FIR registration ordinarily becomes mandatory. Common examples of cognizable offences under BNS, 2023 include:

• Murder — Section 103 BNS, 2023
• Culpable homicide not amounting to murder — Section 105 BNS, 2023
• Attempt to murder — Section 109 BNS, 2023
• Rape — Section 63 BNS, 2023
• Kidnapping and abduction — Sections 137–141 BNS, 2023
• Robbery and dacoity — Sections 309–310 BNS, 2023
• Cheating with dishonest inducement — Section 318(4) BNS, 2023
• Criminal breach of trust by public servants, bankers, merchants — Section 316(2) BNS, 2023
• Major cyber frauds and organized crime

What is a Non-Cognizable Offence?

A non-cognizable offence is an offence in respect of which police officers ordinarily require authorisation from a Magistrate before commencing investigation and cannot arrest the accused without a warrant.

Information relating to non-cognizable offences is governed by Section 174 BNSS, 2023. When information is received about a non-cognizable offence, the officer in charge enters it in the Non-Cognizable Register ("NCR") and directs the informant to approach the Magistrate. No FIR is registered for non-cognizable offences.

Examples of non-cognizable offences include:

• Defamation
• Certain public nuisance offences
• Certain minor hurt offences
• Other offences designated by law as non-cognizable under the First Schedule, BNSS, 2023

Essential Ingredients of an FIR

Although no rigid statutory format exists, a well-drafted FIR ordinarily contains the following:

• Particulars of the Informant: Name, address and contact details.
• Date and Time of Occurrence: The date, time and duration of the alleged offence.
• Place of Occurrence: The location identified as accurately as possible.
• Identity of Accused: Where known, the accused should be identified by name and address. Where unknown, available descriptive details may be provided.
• Particulars of Witnesses: Names and details of witnesses, where available.
• Narrative of Events: A clear chronological account of the occurrence. An FIR is not expected to contain every detail connected with the offence.
• Sections Invoked: The specific provisions of the BNS, 2023 (or other applicable legislation) alleged to have been violated.
• Informant's Signature: The FIR must be signed by the informant, or a thumb impression affixed if the informant cannot sign.

Why is an FIR Important?

The legal significance of an FIR extends beyond mere record-keeping. An FIR:

• Sets criminal law into motion and enables investigation;
• Preserves the earliest version of events, preventing subsequent embellishment;
• Assists courts in evaluating the promptness of reporting;
• Protects the rights of victims;
• Facilitates preservation of evidence;
• Determines the basis of police powers of arrest and search; and
• Shapes the scope and direction of the entire criminal investigation.

For these reasons, FIR registration occupies a central position in criminal procedure. Its significance is felt by complainants, accused persons, investigating agencies and courts alike.

Mandatory Registration of FIR: The Lalita Kumari Principle

The leading authority governing FIR registration is:

The Lalita Kumari Holding

The Supreme Court held that registration of an FIR is mandatory where information discloses commission of a cognizable offence. There is no discretion in the police officer to refuse registration or to conduct a roving preliminary inquiry before registration. The Court clarified that a preliminary inquiry may be conducted only in limited categories of cases such as:

• Matrimonial disputes;
• Commercial disputes;
• Medical negligence cases;
• Corruption cases; and
• Cases involving abnormal delay in reporting.

The judgment remains the most authoritative pronouncement on FIR registration in India and has been incorporated into the BNSS, 2023 framework through Section 173(3).

What is a Zero FIR?

One of the most significant procedural developments under BNSS, 2023 is the express statutory recognition of the principle commonly known as a "Zero FIR".

A Zero FIR refers to an FIR registered by a police station even though the alleged offence may have occurred outside its territorial jurisdiction. Unlike a regular FIR — which is serially numbered within the registering station's records — a Zero FIR is initially given the number "0" (zero), hence the name. It is registered immediately, then transferred to the station with proper territorial jurisdiction, where it is re-registered and assigned a fresh serial number.

Position Under CrPC, 1973

The concept of Zero FIR existed even before BNSS, 2023, but there was no express statutory provision recognising it under the CrPC, 1973. The concept evolved through judicial precedents, police practice, administrative instructions and executive advisories.

The concept was first formally recommended by the Justice J.S. Verma Committee in its report of January 2013, constituted in the aftermath of the December 2012 Delhi gang rape case. The Committee recommended that any police officer, regardless of jurisdiction, be required to record an FIR when a cognizable offence — particularly sexual assault — is reported.

Statutory Recognition Under BNSS, 2023

Section 173(1) BNSS, 2023 now expressly provides that information relating to a cognizable offence may be furnished "irrespective of the area where the offence is committed." This constitutes an important legislative development. For the first time, Parliament has expressly incorporated the underlying principle of Zero FIR into the statutory text.

Procedure After Registration of a Zero FIR

• The FIR is recorded by the receiving police station regardless of territorial jurisdiction.
• The matter is registered with "0" as the FIR number at the originating station.
• The FIR is then transmitted to the police station having territorial jurisdiction.
• Investigation thereafter proceeds before the competent jurisdictional police station, where the FIR is re-registered with a new serial number.

Judicial Recognition Prior to BNSS, 2023

Conclusion

The First Information Report ("FIR") remains the cornerstone of criminal investigations in India. While the criminal law framework has transitioned from the Code of Criminal Procedure, 1973 to the Bharatiya Nagarik Suraksha Sanhita, 2023, the fundamental principles governing FIR registration continue to remain largely intact.

As examined in this Part I, an FIR serves as the formal trigger for criminal investigation, is mandatory where information discloses a cognizable offence, and plays a crucial role in preserving the earliest version of events. The BNSS, 2023 has also introduced important procedural developments, including express statutory recognition of the principle underlying Zero FIR and greater integration of electronic communication within the criminal justice process.

Understanding the statutory framework governing FIRs, the distinction between cognizable and non-cognizable offences, and the legal significance of FIR registration is essential for every citizen, legal practitioner, business owner, and corporate entity operating in India.

However, the registration of an FIR is only the beginning of the criminal justice process. Several important practical and legal questions remain to be addressed, including:

• What is the difference between an FIR and a police complaint?
• What happens when the police refuse to register an FIR?
• Can a Magistrate direct registration of an FIR?
• What remedies are available under Section 175(3) BNSS, 2023?
• What are the powers of the Superintendent of Police when an FIR is refused?
• When can the High Court intervene?
• What are the leading Supreme Court decisions governing FIR registration?

These questions are addressed in detail in Part II of this series.