How to File an FIR in India: Zero FIR, e-FIR and Your Rights under BNSS Section 173

An FIR (First Information Report) is now registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 CrPC from 1 July 2024. You can give the information orally, in writing or electronically at any police station, whatever the place of the offence (zero FIR). An e-FIR must be signed by you within three days, and you are entitled to a free copy of the FIR.

What an FIR is, and when police must register it

The FIR is the first written record of a cognizable offence. A cognizable offence is one where police can arrest without a warrant and start investigation without a Magistrate’s order: theft, robbery, cheating, rape, assault causing hurt with weapons, dowry death, and so on. The First Schedule of the BNSS tells you whether an offence is cognizable.

In Lalita Kumari v. Government of Uttar Pradesh (2013), a Constitution Bench of the Supreme Court held that registration of an FIR is mandatory when the information discloses a cognizable offence. The officer cannot ask you to “first bring proof” or tell you to settle the matter. The Court did allow a limited preliminary inquiry in some categories (such as matrimonial disputes, commercial offences and medical negligence), and the BNSS now gives a statutory version of that, explained below.

Zero FIR and e-FIR: the two big changes

Zero FIR. Section 173(1) says the information may be given “irrespective of the area where the offence is committed”. So if Priya’s handbag is snatched in Lucknow’s Hazratganj but she reaches a police station in Gomti Nagar first, the Gomti Nagar police must record it. The FIR is then transferred to the police station that has jurisdiction for investigation.

e-FIR. Information can also be given by electronic communication. Under Section 173(1)(ii), an e-FIR is taken on record once the person giving it signs it within three days. Many state police websites and apps accept online complaints, and some allow e-FIRs for specified offences such as vehicle or mobile theft. If you file online, note the reference number and go to the police station to sign within three days. If you do not sign, it does not become a registered FIR.

Step by step: filing an FIR at the police station

1. Go to the nearest police station. Jurisdiction is not a valid reason to turn you away.
2. Give the information orally or in writing. A typed or handwritten complaint signed by you is best, because it fixes your version.
3. If given orally, the officer must reduce it to writing and read it over to you. Check it before you sign.
4. Sign the FIR only when it matches what you said. Correct mistakes in names, times and amounts on the spot.
5. Collect your free copy (Section 173(2)). Note the FIR number, date, police station and the sections mentioned.
6. Keep a receipt of anything you hand over: documents, CCTV footage, screenshots.

What to write in your complaint

• Who: your name, address, phone number; the accused’s name and description if known.
• What: exactly what happened, in order. Avoid adjectives; state facts.
• When and where: date, approximate time and the exact place.
• Loss or injury: items stolen with approximate value, amount cheated, injuries suffered.
• Witnesses: names and contact details of anyone who saw it.
• Evidence: list of documents, photos, videos, bank entries you have.
• Delay: if you are reporting late, give the reason honestly. Unexplained delay is often used against complainants later.

You do not have to cite sections. If you do, police and courts will still decide the correct ones. Do not exaggerate. An FIR is a public document and contradictions with your later statements can weaken the case.

Preliminary enquiry and non-cognizable cases

Preliminary enquiry (Section 173(3)). For offences punishable with three years or more but less than seven years, the officer may, with permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within 14 days to see whether there is a prima facie case. For offences punishable with seven years or more, the FIR must be registered straight away.

Non-cognizable offences. For minor offences that are non-cognizable (for example, some cases of simple insult or minor hurt), police record the substance in a register, commonly called an NCR (non-cognizable report), and refer you to the Magistrate. Police cannot investigate a non-cognizable case without a Magistrate’s order. Ask for a copy or the NCR number for your record.

Common mistakes to avoid

• Waiting for days to “collect proof” before reporting. Report first, add evidence later.
• Signing a blank or incomplete paper.
• Leaving without the FIR copy or number.
• Filing an online complaint and never going to sign the e-FIR within three days.
• Accepting a “complaint received” stamp when the facts show a cognizable offence. If the FIR is refused, use the escalation steps in our guide on what to do when police refuse to register an FIR.

Frequently asked questions

Can the police refuse an FIR because the crime happened in another area?

No. Section 173(1) BNSS allows information to be given irrespective of where the offence was committed. The station must record it as a zero FIR and transfer it.

Is the FIR copy free?

Yes. Section 173(2) BNSS says a copy shall be given free of cost to the informant or the victim.

How long do I have to sign an e-FIR?

Three days. An e-FIR is taken on record only after the informant signs it within three days, under Section 173(1)(ii).

Can police hold an enquiry before registering my FIR?

Only for offences punishable with 3 years or more but less than 7 years, with DSP-level permission, and the enquiry must finish within 14 days (Section 173(3)).

What if my matter is non-cognizable?

Police record it in the station register and refer you to the Magistrate. They need the Magistrate’s order to investigate.

Quick quiz

Want the full picture of FIR, arrest, bail and more in one place? Take the Everyday Law for Every Indian course (₹349). For a deeper study of the new codes, see the New Criminal Laws: BNS, BNSS and BSA course (₹499). Both are certificates of completion, not professional qualifications.

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Section 173 (information in cognizable cases), First Schedule
• Lalita Kumari v. Government of Uttar Pradesh, Supreme Court (Constitution Bench), 2013
• Code of Criminal Procedure, 1973: Section 154 (repealed, for comparison)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.