Filing a First Information Report (FIR) is the first and most critical step in setting the criminal justice process in motion in India. With the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024, it is important to understand how the FIR process works under the new law. This guide explains everything you need to know about how to file an FIR — from walking into a police station to following up on your complaint.
What Is an FIR?
An FIR (First Information Report) is a written document prepared by police when they receive information about the commission of a cognizable offence — an offence for which police can arrest without a warrant. Examples include theft, robbery, assault, murder, rape, and cheating above a certain threshold. The FIR triggers a formal police investigation.
Under Section 173 of the BNSS, 2023 (which corresponds to Section 154 of the old CrPC), every police officer in charge of a police station is legally obligated to record information relating to a cognizable offence and register an FIR.
Who Can File an FIR?
- The victim of the offence
- A witness to the offence Any person who has knowledge of the offence, even if not directly involved
- A legal guardian or relative on behalf of the victim
- In cases involving women, a female officer must record the statement if the complainant is a woman (Section 173(1) proviso, BNSS)
Step-by-Step: How to File an FIR Under BNSS
Follow these steps carefully to ensure your FIR is registered correctly and your rights are protected throughout the process.
Step 1: Visit the Nearest Police Station
Go to the police station that has territorial jurisdiction over the area where the offence occurred. If you are unsure, you may approach any police station — under Section 173(1) of BNSS, a zero FIR can be registered at any station and later transferred to the appropriate one.
Step 2: Meet the Officer in Charge
Approach the duty officer or the Station House Officer (SHO). Clearly state that you want to register an FIR for a cognizable offence. You are entitled to this as a matter of right — registration cannot be refused.
Step 3: Narrate the Incident
Give a clear, factual, and chronological account of the incident. Include: the date, time, and place of the offence; a description of the accused (if known); names of any witnesses; and details of property lost or injuries suffered. Avoid speculation — stick to facts you directly know.
Step 4: FIR Is Recorded in Writing
The officer must reduce your oral information to writing. Under Section 173(2) of BNSS, the information must be read over to you, and you must sign or affix your thumb impression on it after confirming it is correct.
Step 5: Obtain a Free Copy of the FIR
You are legally entitled to receive a free copy of the FIR immediately after it is registered. This is experienced legal help under Section 173(2) of BNSS. Do not leave the police station without it. The FIR copy will contain the FIR number, the sections of the Bharatiya Nyaya Sanhita (BNS) or other applicable law invoked, and the police station details.
Step 6: File an E-FIR (Online Option)
Many states now allow you to file an FIR online through their respective state police portals (e.g., Delhi Police, Maharashtra Police, UP Police websites). For cybercrime-related offences, you can file a complaint directly at cybercrime.gov.in, which is the National Cyber Crime Reporting Portal. An online complaint that relates to a cognizable offence must also result in a formal FIR being registered.
What If the Police Refuse to Register Your FIR?
Refusal to register an FIR for a cognizable offence is illegal. If this happens, you have several legal remedies:
- Written complaint to the Superintendent of Police (SP): Under Section 173(4) of BNSS, if the officer in charge refuses to register information, you may send the substance of such information in writing by post to the Superintendent of Police. The SP, if satisfied that the information discloses a cognizable offence, must either investigate it themselves or direct an investigation.
- Complaint to the Magistrate: Under Section 175 of BNSS (corresponding to Section 156(3) CrPC), a Judicial Magistrate can take cognizance of the offence and direct the police to register and investigate.
- State Human Rights Commission or Police Complaints Authority: You may approach these bodies if the refusal involves misconduct.
- Writ Petition: In extreme cases, a petition before the High Court under Article 226 of the Constitution can be filed to direct FIR registration.
If you are facing difficulties getting your complaint registered, it is advisable to consult a verified advocate who can guide you through the appropriate legal channel.
FIR vs. NCR vs. Complaint: Key Differences
- FIR: Filed for cognizable offences; police can investigate without a court order.
- NCR (Non-Cognizable Report): Filed for non-cognizable offences (e.g., minor assault, defamation); police need a Magistrate's order to investigate.
- Private Complaint: Filed directly before a Magistrate under Section 223 of BNSS for any offence when police action is not forthcoming.
Special Provisions Under BNSS Worth Knowing
- Zero FIR: Recognised under BNSS — any police station must register the FIR regardless of jurisdiction and transfer it to the correct station.
- Electronic FIR: BNSS explicitly enables electronic communication of FIR information, giving legal backing to e-FIRs (Section 173 read with Section 530).
- Victim with disability: The police must record the statement at the victim's residence or a convenient place, with a special educator if needed.
- Sexual offence victims: Statement of a woman victim of sexual assault must be recorded by a female officer and, where possible, at her residence.
After the FIR Is Filed: What Happens Next?
Once an FIR is registered, the police are obligated to investigate the matter. Key subsequent steps include: arrest of accused (if warranted), scene-of-crime inspection, collection of evidence, recording of witness statements, and filing of a charge sheet (now called Police Report under Section 193 of BNSS) within the prescribed time — typically 60 days for offences punishable by imprisonment of less than 10 years, and 90 days for those punishable by 10 years or more or death.
You can track many FIRs online through your state police portal using your FIR number. You may also engage a lawyer to monitor the investigation progress. Explore our legal guides for more on police investigations and bail rights under BNSS.
Tips for a Stronger FIR
Pro Tip: Before going to the police station, write down all key facts — dates, times, names, amounts, and a sequence of events. A clear, factual narration makes it harder for the FIR to be watered down and stronger as evidence in court.
- Preserve all evidence (screenshots, receipts, medical reports, photographs) before filing.
- Note the name and badge number of the officer who registers your FIR.
- Keep multiple certified copies of the FIR — you will need them for court proceedings, insurance claims, and other legal purposes.
- If the offence involves financial fraud, simultaneously report to your bank and relevant regulatory authority.
If you need help understanding your rights or dealing with a complex situation, you can find experienced law firms on LegalFirms.in who handle criminal matters.
Frequently Overlooked Rights of the Complainant
- You have the right to a free copy of the FIR — no fee can be charged.
- You have the right to know the FIR number at the time of registration.
- You have the right to be informed of the progress of the investigation in certain serious offences.
- A victim can engage a private advocate to represent their interests before the court at any stage, even if the case is prosecuted by the public prosecutor.
For more information on related legal processes, browse our criminal law guides covering bail, anticipatory bail, chargesheet, and trial procedures under BNS and BNSS.
Disclaimer: This article is intended for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for professional legal counsel. Laws and procedures may vary by state and individual circumstances. Please consult a qualified advocate for advice specific to your situation.
Step-by-Step Process
Visit the Jurisdictional Police Station
Go to the police station that covers the area where the offence took place. If unsure of jurisdiction, visit the nearest station and request a Zero FIR, which can be registered anywhere and transferred later.
Meet the Duty Officer or SHO
Approach the officer on duty or the Station House Officer and clearly state your intention to register an FIR for a cognizable offence. Registration is your legal right and cannot be refused.
Narrate the Incident Clearly
Provide a factual, chronological account including the date, time, location, description of accused, witness names, and details of loss or injury. Bring any documentary or digital evidence you have.
FIR Is Recorded and Read Back to You
The officer reduces your information to writing. Under Section 173(2) of BNSS, the written FIR must be read over to you. Confirm its accuracy before signing or affixing your thumb impression.
Collect Your Free Copy of the FIR
Immediately after registration, demand and collect your free copy of the FIR. Note the FIR number, police station name, and the sections invoked. Do not leave without this document.
Follow Up and Monitor the Investigation
Use your state police portal to track progress. If needed, approach the SP, Magistrate, or a criminal advocate to ensure the investigation proceeds lawfully and diligently.