When a crime takes place, the first official step in the criminal justice process is the registration of a First Information Report, commonly known as an FIR. This document sets the entire legal machinery into motion. With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the law governing FIR registration has been overhauled. The old Code of Criminal Procedure (CrPC) has been replaced, and Section 173 BNSS now governs how FIRs are filed, who can file them, and what happens when police refuse to register one.
For judiciary aspirants, understanding the BNSS FIR Section 173 provisions is not just important for exams but also for grasping how the law protects citizens at the ground level.
What Is an FIR and Why Does It Matter?
An FIR is the first piece of information received by the police about the commission of a cognizable offence. A cognizable offence is one where the police can arrest without a warrant and begin investigation on their own, without needing a court order. These offences are usually serious in nature and non-bailable.
Interestingly, the term "FIR" does not appear anywhere in Section 154 of the old CrPC, and it is also absent from Section 173 of the BNSS 2023. Yet its significance is undeniable. The main purpose of an FIR is simple: to start the criminal justice system. Once an FIR is registered, the investigation begins, evidence is collected, and the process moves toward filing a report before the Magistrate.
Some important points about an FIR:
• It is not an encyclopedia of facts. Only material facts need to be mentioned.
• It is not a substantive piece of evidence, except in the case of a dying declaration.
• There is no fixed format prescribed for an FIR under either the CrPC or the BNSS.
• There is no fixed time limit for filing an FIR. However, delay in FIR registration can be fatal to a case.
• Not just the victim, but even a witness or, in some cases, the accused can file an FIR.
Section 173 BNSS: Key Provisions
Section 173 of the BNSS replaces Section 154 of the CrPC. It lays down the complete procedure for reporting a cognizable offence to the police.
Sub-section (1): How Information Can Be Given
Information about a cognizable offence can be reported to the officer in charge of a police station either orally or through electronic means, regardless of where the offence took place.
• If reported orally, it must be written down and read back to the informant, who must then sign it.
• If reported electronically (such as through email, WhatsApp, text message, or online portal), the informant must sign the information within three days for it to be officially recorded.
• The State Government will provide a prescribed form in which all FIR-related information is to be recorded.
A special provision exists for women victims. If a woman is reporting an offence under specific sections of the Bharatiya Nyaya Sanhita 2023 (such as sections related to sexual offences), the information must be recorded by a female police officer or any authorized female officer. If such a woman is temporarily or permanently mentally or physically disabled, the information must be recorded at her residence or at a place convenient to her, with the assistance of an interpreter or special educator. The recording of such information must be done on video.
For judiciary aspirants, especially those enrolled in law coaching classes, understanding these provisions is important for both exams and practical application.
Sub-section (2): Free Copy to the Informant or Victim
Under the old CrPC (Section 154(2)), only the informant was entitled to a free copy of the FIR. The BNSS expands this and now allows both the informant and the victim to receive a free copy. This is a step toward greater victim participation in the criminal justice process.
Sub-section (3): Preliminary Inquiry
For cognizable offences punishable with imprisonment between three and seven years, the officer in charge can conduct a preliminary inquiry before registering an FIR. This inquiry must be completed within 14 days. Prior approval from an officer not below the rank of Deputy Superintendent of Police is required.
This provision has generated some debate. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) had ruled that FIR registration is mandatory as soon as information about a cognizable offence is received. A preliminary inquiry is permissible only in limited situations such as matrimonial disputes or medical negligence cases. The 14-day inquiry window under the BNSS is seen by some legal experts as potentially conflicting with this ruling.
Sub-section (4): Remedy if FIR Is Refused
If a police officer refuses to register an FIR, the aggrieved person can send a written complaint by post to the Superintendent of Police. If the Superintendent is satisfied that the information discloses a cognizable offence, they can either investigate the case personally or direct a subordinate officer to do so. If the person is still not satisfied, they can approach the Magistrate under Section 175(3) of the BNSS. In such a case, the Magistrate has all the powers of the officer in charge of a police station, including the power of arrest, search, and seizure.
Zero FIR: A Key Reform Under BNSS
One of the most significant changes in Section 173 BNSS is the statutory codification of the Zero FIR concept. Section 173(1) uses the words "irrespective of the area where the offence is committed." This removes all jurisdictional barriers.
A Zero FIR allows any person to file an FIR at any police station, even if the offence did not occur within that station's jurisdiction. The FIR is registered with a temporary number and then transferred to the police station that has the actual jurisdiction over the area where the crime occurred.
This is especially important in cases requiring immediate action, such as crimes against women. The Ministry of Home Affairs had recommended Zero FIRs for such cases as far back as 2015. The BNSS has now given this concept a proper statutory backing, ensuring that no victim is turned away from a police station simply because the crime happened somewhere else.
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E-FIR: Digital Step Forward
The BNSS introduces the concept of E-FIR under Section 173(1). A person can now report a cognizable offence through electronic means. This is particularly helpful for women who may not be in a position to physically visit a police station immediately after a traumatic incident.
However, the informant must sign the electronically filed information within three days of submission for it to be officially recorded. States have been advised to regulate the modes through which E-FIRs can be submitted, to prevent unmanageable filings.
The Interplay with Anticipatory Bail
The process around FIR registration under BNSS Section 173 has a direct bearing on anticipatory bail. When a person has reason to believe that they may be arrested upon the registration of an FIR, they can approach the court for anticipatory bail under the relevant provisions of the BNSS.
The mandatory nature of FIR registration, as upheld in Lalita Kumari v. Government of Uttar Pradesh, means that once information disclosing a cognizable offence is given to the police, the FIR must be registered. This creates an immediate trigger for potential arrest. A person anticipating such an arrest must act quickly to seek protection.
Important Case Laws at a Glance
• Lalita Kumari v. Government of Uttar Pradesh (2014): FIR registration is mandatory if the information discloses a cognizable offence. Preliminary inquiry is allowed only in limited cases.
• State of AP v. Punati Ramulu and Others (1993): Police officers are duty-bound to register an FIR. Failure violates the complainant's rights.
• Kishan Singh v. Gurpal Singh and Others (2010): A second FIR for the same offence is not permitted. Only the first FIR is valid.
• Ramesh Kumari v. Government of NCT of Delhi (2006): Preliminary inquiry is not a precondition for FIR registration.
• Sher Singh v. State of Punjab (1983): Procedural fairness and reasonable time must be given at every stage of the criminal process.
Conclusion
Section 173 of the BNSS 2023 introduces important reforms in the registration of FIRs, making the process more accessible and victim-friendly. With the recognition of Zero FIR, the concept of E-FIR, and added safeguards for vulnerable victims, the law strengthens the foundation of criminal justice. However, the provision for preliminary inquiry also brings attention to possible conflicts with established judicial rulings, making it a crucial area of understanding for aspirants.
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