Filing an FIR in India — Your Rights, the Procedure, and What to Do If Refused

Indian criminal offences are classified as cognizable or non-cognizable under Schedule 1 of the BNSS. Cognizable offences (murder, rape, robbery, dacoity, theft above specified value, kidnapping, dowry death, cheating above specified value, and most BNS offences punishable with imprisonment of three years or more) permit police to arrest without warrant and require FIR registration without magistrate sanction. Non-cognizable offences (defamation, cheating below specified value, simple hurt) do not permit warrantless arrest; they require a magistrate's order to investigate.

Section 173 BNSS (formerly Section 154 CrPC) governs FIR registration for cognizable offences. Section 174 BNSS (formerly Section 155 CrPC) governs the entry made for non-cognizable matters — these are not technically FIRs but "Non-Cognizable Reports" (NCRs) that go into the station's general diary.

In Lalita Kumari v. State of UP (2014), a five-judge Constitution Bench of the Supreme Court ruled definitively that FIR registration is mandatory for cognizable offences. Police cannot conduct a "preliminary inquiry" before registering the FIR except in seven categories: (i) matrimonial/family disputes; (ii) commercial offences; (iii) medical negligence; (iv) corruption cases; (v) cases involving extraordinary delay (over three months) in reporting; (vi) cases involving public officials acting in good faith; (vii) some other categories where the legal nature of the offence is unclear from the complaint.

Even within these seven categories, the preliminary inquiry must be completed within 7 days (extendable to 15 days by the SP), and the FIR must be registered if a cognizable offence is disclosed.

Step 1: Determine territorial jurisdiction. The FIR must be registered at the police station within whose territorial limits the offence occurred. For online/cyber offences, FIR can be registered where the victim resides or where the offence's effects are felt.

• Step 2: Visit the police station with two photocopies of any supporting documents (medical reports, photos, screenshots, receipts) and identity proof.
• Step 3: Ask to meet the Duty Officer. Narrate the facts orally. The Duty Officer is required to reduce the information to writing in the FIR register (or accept a written complaint).
• Step 4: Read the FIR carefully before signing. Common mistakes: dates wrong, names misspelled, property values wrong, offence sections mis-applied, witness names omitted. Insist on corrections before signing.
• Step 5: Demand a free copy of the registered FIR. Section 173(2) BNSS gives every informant a right to a free certified copy.
• Step 6: Note the FIR number, date, time, and the Investigating Officer's name and contact.

A "Zero FIR" is an FIR registered at a police station that does not have territorial jurisdiction. The FIR is registered with the number "0" (and the station's number after transfer), and is then transferred to the appropriate police station within the prescribed time. Zero FIR became formally codified in Section 173(1) BNSS following the Justice Verma Committee recommendations after the 2012 Delhi gang-rape case.

Zero FIR is particularly important for offences in transit (railways, highways, air), inter-state offences, and offences where the victim is unable to travel to the appropriate police station. No police station can refuse to register a Zero FIR on jurisdictional grounds.

Most Indian states now provide e-FIR portals for specified offences (typically theft, missing persons, vehicle theft, cyber crime, offences against women in some states). Examples: Delhi e-FIR portal (delhipolice.gov.in), Mumbai Police citizen portal, Karnataka KSP citizen portal, Telangana TS-COP, Tamil Nadu TN Police citizen portal.

Limits: e-FIR is not yet permitted for all offence categories. Serious offences (murder, rape, dacoity, dowry death) typically still require physical police station visits. The e-FIR procedure is also subject to verification — the e-FIR is converted to an FIR after a brief investigation by the SHO.

For cyber crime specifically, the National Cybercrime Reporting Portal (cybercrime.gov.in) is the preferred route. Complaints submitted via this portal are routed to the local cyber cell automatically.

Route 1: Section 173(4) BNSS — written complaint to the Superintendent of Police. The aggrieved person can send a written complaint by post or in person to the SP of the district. The SP, if satisfied that the complaint discloses a cognizable offence, must direct registration of the FIR or conduct an investigation under his/her supervision.

Route 2: Section 175(3) BNSS — magistrate complaint. This is the most powerful and widely-used route. The aggrieved person files a complaint before the Judicial Magistrate of First Class having jurisdiction. After examining the complainant on oath under Section 200 BNSS, the magistrate can take cognizance directly, conduct an inquiry under Section 202 BNSS, or order police registration and investigation under Section 175(3) BNSS. Magistrate complaints under Section 175(3) BNSS are the standard escalation when police refuse, and are routinely successful.

Route 3: National Human Rights Commission / State Human Rights Commission. For offences involving public servants, custodial violence, or systemic non-action, NHRC/SHRC complaints can trigger inquiries. Slower than Section 175(3) but useful for repeated failures.

Route 4: Article 226 writ petition before the High Court. A writ of mandamus can be sought directing the police to register an FIR. HC writs are reserved for serious cases where Section 175(3) is impractical or has been ineffective. The HC may also direct CBI or other independent investigation if the State machinery is captured.

Once an FIR is registered, the case is assigned to an Investigating Officer (typically an Inspector or Sub-Inspector). The IO conducts investigation, records witness statements under Section 180 BNSS (formerly 161 CrPC), examines documents, conducts seizures and panchnamas, sends material for forensic analysis, and arrests if necessary.

The investigation is governed by 60-day or 90-day timelines under Section 187 BNSS (formerly 167(2) CrPC) — 60 days for offences punishable up to 10 years, 90 days for offences punishable beyond 10 years and capital cases. If the charge-sheet is not filed within these periods, the accused (if in custody) is entitled to default bail.

After investigation, the IO files either a charge-sheet under Section 193 BNSS (formerly 173 CrPC) — recommending prosecution — or a closure report. The complainant has the right to oppose the closure report and seek further investigation under Section 193(8) BNSS.

Include: a clear, chronological narration; specific dates, times, and locations; full names and addresses of accused; full names and addresses of witnesses (subject to Section 23 BNSS witness protection); specific particulars of stolen property with values; specific offence-section citations only if you are confident — otherwise let the police apply sections.

Avoid: speculation, conclusions, legal arguments, exaggeration, unverified third-party hearsay. Indian criminal trials live and die on the FIR. A vague, exaggerated, or speculative FIR can be used by defence counsel to demolish the prosecution's case at trial. Stick to facts within personal knowledge.