BNSS Section 173: FIR, Zero FIR and e-FIR (Old CrPC 154) Explained

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The old Section 154 of the Code of Criminal Procedure, which governed the First Information Report (FIR), is now Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 173 lets anyone report a cognizable offence at any police station “irrespective of the area where the offence is committed” (zero FIR), allows information to be given by electronic communication (e-FIR) that must be signed within three days, and adds a new preliminary enquiry for offences punishable with three to seven years.

What is an FIR?

“FIR” is the common name for the information about a cognizable offence that the officer in charge of a police station records under Section 173(1) BNSS. Once it is recorded, the police can investigate without a Magistrate’s order.

An FIR is only for cognizable offences (for example theft or criminal breach of trust). For non-cognizable offences (for example simple hurt), the police follow Section 174 BNSS: they enter the substance in a register and refer the informant to the Magistrate.

Section 173 sub-section by sub-section

Section 173(1): two ways to give information

• Orally: the officer must reduce it to writing (or have it written under his direction), read it over to the informant and get it signed by the informant.
• By electronic communication: the information is taken on record once the person giving it signs it within three days. The substance is entered in a book kept in the form prescribed by the State Government.

Provisos for women and persons with disability

• If a woman against whom certain sexual and related offences are alleged gives the information, it must be recorded by a woman police officer or any woman officer. The offences listed are Sections 64 to 71, 74 to 79 and 124 BNS (covering rape, sexual harassment, assault on a woman’s modesty, voyeurism, stalking, acid attack and related offences).
• If such a victim is mentally or physically disabled, the information is recorded at her residence or a place of her choice, with an interpreter or special educator present, and videographed.

Section 173(2): free copy

A copy of the recorded information must be given forthwith, free of cost, to the informant or the victim. This is an improvement over CrPC 154(2), which spoke only of the informant.

Section 173(3): preliminary enquiry (new)

For cognizable offences punishable with imprisonment of three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police and keeping in view the nature and gravity of the offence:

• conduct a preliminary enquiry to see whether a prima facie case exists, to be completed within fourteen days; or
• proceed with investigation straight away if a prima facie case exists.

CrPC 154 had no such provision. Earlier, the Constitution Bench in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 held that FIR registration is mandatory when a cognizable offence is disclosed, allowing preliminary enquiry only in limited categories.

Section 173(4): when police refuse

If the officer in charge refuses to record the information, the aggrieved person may send its substance in writing and by post to the Superintendent of Police. If the SP is satisfied that a cognizable offence is disclosed, he must investigate himself or direct a subordinate officer to do so. If this fails, the person may apply to the Magistrate.

Zero FIR and e-FIR in plain words

Zero FIR

An FIR registered at a police station that has no territorial jurisdiction over the place of the offence. Earlier a practice backed by court rulings and advisories, it now has express statutory footing in Section 173(1). The receiving station registers the case and transfers it to the station with jurisdiction.

e-FIR

Information sent electronically, for example through a state police portal. It is taken on record only after the informant signs it within three days. The exact process depends on your state’s rules.

Old CrPC vs new BNSS: comparison table

Section 173 is procedural, so it has no punishment or trial court of its own.

Key Supreme Court rulings on the new provision

• Imran Pratapgadhi v. State of Gujarat, 2025 INSC 410 (28 March 2025): Justices Abhay S. Oka and Ujjal Bhuyan held that Section 173(3) is an exception to the duty in Section 173(1). If the enquiry shows a prima facie case, the FIR must be registered; if not, the informant must be told so he can use Section 173(4).
• Om Prakash Ambadkar v. State of Maharashtra, 2025 LiveLaw (SC) 139 (16 January 2025): before approaching a Magistrate under Section 175(3), the complainant must first apply to the SP under Section 173(4) and attach that application with an affidavit. The Magistrate must also hear the police officer.

How to file an FIR: a practical checklist

• Go to any police station and ask for a zero FIR if the offence happened elsewhere.
• Give clear facts: date, place, what happened, the accused and witnesses.
• Take your free copy under Section 173(2).
• If refused: post a written complaint to the SP under Section 173(4); then apply to the Magistrate under Section 175(3) with a copy of the SP application and an affidavit.
• Emergencies: call 112. For online fraud, call 1930.

Exam angle

• Mapping: CrPC 154 to BNSS 173; CrPC 155 to BNSS 174; CrPC 156(3) to BNSS 175(3).
• e-FIR: signature within three days is the condition for taking it on record.
• Preliminary enquiry: offences punishable with 3 years or more but less than 7 years, DSP permission, 14 days.
• Lalita Kumari: registration mandatory. Imran Pratapgadhi: 173(3) is an exception to 173(1).

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 173, 174 and 175 (official text as published on India Code)
• Code of Criminal Procedure, 1973, Sections 154 to 156 (for comparison)
• Supreme Court of India: Imran Pratapgadhi v. State of Gujarat, 2025 INSC 410; Om Prakash Ambadkar v. State of Maharashtra, 2025 LiveLaw (SC) 139
• Supreme Court of India: Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1