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Quick Answer
An FIR is the formal written record made by a police officer (typically the Station House Officer or Duty Officer) of information received about the commission of a cognizable offence. Section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which replaced Section 154 of the erstwhile Code of Criminal Procedure 1973 with effect from 1 July 2024, makes FIR registration mandatory for cognizable offences. Following the Supreme Court's Constitution Bench decision in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, the police cannot refuse FIR registration except in seven enumerated categories where preliminary inquiry is permissible.
Statutory reference
Section 173 BNSS 2023
For a complainant, the FIR is the document everything downstream depends on — dates, named accused, and the specific acts alleged should be complete and accurate at registration, because gaps become defence arguments at trial. If the police refuse to register despite a cognizable offence being disclosed, the escalation ladder is: a written complaint to the Superintendent of Police, then an application to the Magistrate under Section 175(3) BNSS (the old 156(3) CrPC) seeking a direction to register and investigate. For an accused, the FIR fixes the battlefield: a copy is obtainable as of right (and most states publish FIRs online), and the choice between anticipatory bail, a quashing petition, or simply cooperating with the investigation is made by reading exactly what the FIR does and does not allege.
Worked example
A Noida resident discovers ₹6 lakh siphoned from her bank account through a phishing link. The local police station suggests a 'complaint' instead of an FIR. Citing Lalita Kumari — registration is mandatory where a cognizable offence is disclosed — her lawyer submits a written complaint describing the offences under the BNS and IT Act. When the station still stalls, an application under Section 175(3) BNSS before the Magistrate produces a direction to register. The FIR's precise transaction timeline later lets the cyber cell freeze part of the money trail — detail at registration converted directly into recovery.
Related practice areas
Written record of information relating to a cognizable offence, registered by the police under Section 173 BNSS (formerly Section 154 CrPC). Triggers police investigation and forms the foundation of every criminal prosecution.
FIR is governed by Section 173 BNSS 2023. An FIR is the formal written record made by a police officer (typically the Station House Officer or Duty Officer) of information received about the commission of a cognizable offence. Section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which replaced Section 154 of the erstwhile Code of Criminal Procedure 1973 with effect from 1 July 2024, makes FIR registration mandatory for cognizable offences. Following the Supreme Court's Constitution Bench decision in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, the police cannot refuse FIR registration except in seven enumerated categories where preliminary inquiry is permissible.
FIR falls under Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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