A First Information Report (FIR) is a crucial document in India's criminal justice system. It is the first step in initiating a police investigation for a cognizable offence, where police have the authority to register a case and act without prior court approval. An FIR provides official documentation of a crime, including details such as date, time, location, nature of the crime, and identities of involved parties. It acts as the foundation for further inquiry, evidence collection, and prosecution. Without an FIR, law enforcement cannot legally proceed with an investigation, making it an essential legal instrument in criminal proceedings.
FIR Meaning and Basics
FIR (First Information Report) is an official complaint recorded by the police when they receive information about a cognizable offence. It marks the beginning of a criminal investigation and includes details like date, time, location, and nature of the crime. As per BNSS, 2023 (Section 173), FIRs ensure legal action and victim protection in the justice system.
Legal Definition of FIR: CrPC vs BNSS Changes
Under the Code of Criminal Procedure (CrPC), 1973, Section 154 defined the process of FIR registration, requiring the police to record information of a cognizable offence provided by any informant. With the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the FIR process is now governed by Section 173, introducing improvements such as Zero FIR (allowing registration at any police station) and electronic FIR (E-FIR) for accessibility.
Importance of FIR in India: Ensuring Justice
A First Information Report (FIR) is a critical document in India's criminal justice system, serving as the first step in legal proceedings when a cognizable offence occurs. It ensures that the crime is officially recorded and allows the police to initiate an investigation.
Why FIR is Important:
- Legal Recognition of Crime – An FIR officially documents the incident, ensuring police action and investigation.
- Starts Police Investigation – Once registered, police collect evidence, interrogate witnesses, and take legal action.
- Provides Legal Protection – Victims can seek justice and protection under the law.
- Prevents Manipulation – A timely FIR helps preserve evidence and prevents distortion of facts.
Without an FIR, no criminal case can proceed, making it a crucial tool for justice.
FIR Filing Process:
When and Where to File an FIR?
The procedure for filing an FIR is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces Section 154 of the CrPC, 1973. This blog explains when and where to file an FIR to ensure a smooth legal process.
When to File an FIR?
An FIR should be filed as soon as possible after the occurrence of a crime. The timing of filing an FIR is crucial because delays can lead to the loss of evidence and weaken the case.
Immediately After a Cognizable Offence Occurs
Cognizable offences include murder, rape, kidnapping, robbery, and other serious crimes.As per Section 173 of BNSS, 2023, the police must register an FIR without delay and initiate an investigation.
In Case of Threats or Ongoing Crimes
if an individual feels threatened or faces the risk of immediate harm, an FIR should be filed to ensure preventive action. Police may take protective measures to prevent further crimes.
When Evidence Needs to Be Preserved
If an incident involves physical evidence, such as CCTV footage, medical reports, or forensic samples, early filing is necessary to ensure evidence is not tampered with.
When Reporting a Missing Person
In cases of missing persons or kidnapping, an FIR should be filed immediately to start a search operation.
Where to File an FIR?
Filing an FIR at the right place ensures a faster response from law enforcement.
1. Police Station in the Area Where the Crime Occurred
The jurisdictional police station is the primary place to file an FIR. The officer in charge must register the FIR and begin an investigation as per Section 173 of BNSS.
2. Filing a Zero FIR (Any Police Station)
As per BNSS, 2023, a Zero FIR can be filed at any police station, irrespective of where the offence took place. The FIR is then transferred to the correct jurisdiction for investigation.
3. Online FIR Registration
Some states allow e-FIR filing for offences such as cybercrimes, thefts, and missing persons. Citizens can file FIRs through state police websites.
4. Magistrate’s Office
If police refuse to file an FIR, a complainant can approach a Magistrate under Section 176 of BNSS. The Magistrate can direct the police to register the FIR. Filing an FIR on time and at the right place ensures that justice is served. BNSS, 2023 provides updated provisions for Zero FIRs and online FIR registration, making the process more accessible. Understanding when and where to file an FIR helps individuals take swift legal action in case of any criminal offence.
Step-by-Step Process of Filing an FIR in India
A First Information Report (FIR) is a crucial document in India’s criminal justice system. It marks the beginning of a police investigation into a cognizable offence—crimes where police can arrest the accused without prior court approval. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, under Section 173, replaces Section 154 of the CrPC, 1973, streamlining the FIR process.
Visit the Police Station
To file an FIR, go to the nearest police station with jurisdiction over the crime location. If unsure, you can file a Zero FIR at any police station, which will then be transferred to the appropriate jurisdiction.
Key Points:
- Approach the officer in charge (SHO) of the police station.
- Carry identity proof and any relevant documents or evidence related to the crime.
Provide Information About the Incident
Explain the incident clearly and accurately to the police. Ensure you include:
- Date, time, and location of the offence.
- Names of individuals involved (if known).
- Description of the crime and how it occurred.
- Details of any witnesses (if available).
Legal Provision:
As per BNSS Section 173, police must register an FIR immediately in cognizable cases.
Recording the FIR in Writing
The police will record your statement in written format. Ensure that:
The FIR is written in a language you understand.
It captures all the necessary details without omissions.
Legal Obligation of Police:
- The officer must read the FIR back to you to confirm accuracy.
- As per BNSS, 2023, officers cannot refuse to file an FIR for a cognizable offence.
Signing the FIR
Once the FIR is recorded, the complainant must sign the document.
If the complainant is illiterate, a thumb impression can be used.
Never sign a blank FIR—always read it before signing.
Legal Right:
- Under BNSS Section 173, a copy of the FIR must be given to the complainant for free.
Obtain an FIR Copy
After signing, ask for a copy of the FIR for your records. This copy:
- Serves as official proof that the complaint has been registered.
- Helps in tracking case progress and legal proceedings.
Police Investigation Begins
Once an FIR is registered, the police:
- Conduct preliminary inquiries and collect evidence.
- Record witness statements and forensic details.
- If necessary, arrest the accused under legal provisions.
Updated Investigation Rules Under BNSS:
- Section 174 allows the police to seek magistrate permission for non-cognizable offences.
- Section 173 mandates police to complete investigations within a reasonable time.
Follow Up on the Case
The complainant has the right to:
- Track the case’s progress via online FIR portals (in some states).
- Request a case status update from the police station.
- If unsatisfied, file a complaint with higher police authorities or approach the Magistrate under BNSS Section 176.
How to File an Online FIR in India:
Filing a First Information Report (FIR) online has become easier with E-FIR provisions under BNSS, 2023. If your phone, bike, or car gets stolen, filing an online FIR ensures quick action, legal proof, and insurance claims processing. This guide provides a step-by-step procedure to file an E-FIR in India for stolen property.
Step 1: Check If Online FIR Is Available in Your State
Not all states in India provide online FIR registration. Major states like Delhi, Maharashtra, Karnataka, Uttar Pradesh, and Tamil Nadu allow online complaint filing for theft cases.
How to Check Online FIR Availability:
- Visit your state police website or Cybercrime Portal (www.cybercrime.gov.in) for electronic complaints.
- Look for the E-FIR/Online Complaint option on the portal.
Step 2: Visit the Official State Police Website
Each state police department has an official portal for filing an E-FIR.
Steps to Access the Portal:
- Google "Online FIR [Your State] Police" (e.g., Online FIR Delhi Police).
- Click on the official website of the state police.
Locate the Online FIR, E-FIR, or Lost Report section.
Step 3: Create an Account (If Required)
Some states require user registration before filing an FIR.
Steps to Register:
- Click on "Register/Login" on the police portal.
- Enter your name, phone number, and email ID.
- Verify via OTP (One-Time Password) sent to your mobile.
- Set up a username and password to access the system.
Step 4: Select the Type of Complaint
Different police portals have options for various crimes.
Choose the Appropriate Category:
- Theft of Phone → Select "Lost/Stolen Mobile Complaint".
- Bike Theft → Select "Vehicle Theft".
- Car Theft → Select "Stolen Vehicle Report".
Step 5: Enter the Stolen Item Details
Once you select the complaint type, you need to enter complete details.
For Stolen Phone:
- *IMEI Number (Dial #06# on another phone to check old records).
- Make, model, color, and brand of the mobile.
- Date, time, and exact location of theft.
- Last known usage or network connectivity.
For Stolen Bike/Car:
- Vehicle Registration Number.
- Chassis & Engine Number (available on RC Book & Insurance Policy).
- Make, Model, Color, and Year of Manufacture.
- Location and time of theft.
Step 6: Provide Personal Details
The complainant must enter their personal details:
- Full Name
- Father’s/Mother’s Name
- Phone Number
- Email ID
- Permanent & Correspondence Address
Required Documents:
- Aadhar Card/PAN Card (for identity verification).
- Bill/Invoice of the stolen phone.
- RC Book/Insurance Policy for vehicle theft.
- CCTV Footage (if available).
Submit the Complaint
Once all details are filled, review the form carefully.
- Check for errors in the details before submission.
- Click Submit Complaint to register the case.
- Note down the complaint reference number for tracking.
Download the FIR Copy
After submission, a soft copy of the FIR/Complaint Acknowledgment is generated. Download the FIR PDF or Screenshot for records. This document serves as proof for insurance claims and further legal action.
Track Complaint Status
The online FIR can be tracked through the police portal.
How to Check Status:
Visit the same state police website.
- Click on "Track FIR Status" or "Check Complaint Progress".
- Enter your complaint reference number and phone number.
- Get updates on police investigation progress.
Follow Up with Police & Insurance Claim
- Visit the nearest police station with your online FIR copy for further assistance.
- For insurance claims, submit the FIR copy, RC book, and policy details to the insurance provider.
Key Changes in FIR Laws: CrPC vs BNSS (2023)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has introduced significant changes to FIR procedures, replacing the Code of Criminal Procedure (CrPC), 1973. These amendments aim to enhance accessibility, accountability, and efficiency in law enforcement.
1. Digital FIR Registration
CrPC: FIRs were registered only in writing at police stations.
BNSS (Section 173): Allows online FIR filing, reducing delays and making complaint registration more accessible.
2. Timeline for FIR Registration
CrPC: No specific time frame for FIR registration.
BNSS: Police must register an FIR within three days to ensure prompt investigation.
- Zero FIR Provisions
CrPC: Zero FIR was not explicitly mentioned.
BNSS (Section 173): Zero FIR can be registered at any police station, ensuring immediate action.
4. Stronger Penalties for Police Inaction
CrPC: No strict penalties for failing to register an FIR.
BNSS: Legal and departmental action against officers neglecting FIR registration.
- Online FIR Tracking
CrPC: Victims struggled to track FIR status.
BNSS (Section 178): Introduces digital tracking via online platforms for real-time case updates.
Process of FIR Registration:
- Visit the Police Station – Report the crime to the Station House Officer (SHO) of the concerned jurisdiction.
- Provide Details – Explain the date, time, location, nature of the crime, and details of involved persons.
- Documentation – The police record the statement, read it back for confirmation, and obtain the complainant’s signature.
- Copy of FIR – The complainant is entitled to a free copy of the FIR.
Alternative FIR Filing Methods:
- Zero FIR (Section 180 BNSS): Can be filed at any police station, transferred to the appropriate jurisdiction later.
- E-FIR: Some states allow online FIR registration for theft and cybercrimes.
Once registered, the police begin investigation, ensuring justice and legal accountability.
FIR Contents and Details:
FIR Format in India
An FIR (First Information Report) follows a structured format under BNSS, 2023, ensuring uniformity and legal validity. It must contain essential details to initiate a police investigation.
Standard FIR Format:
- Police Station Name & FIR Number
- Date & Time of Registration
- Complainant Details (Name, Address, Contact)
- Accused Details (If known)
- Incident Details (Date, Time, Location)
- Description of the Crime (Nature of offence, evidence, witnesses)
- Legal Provisions Invoked (Relevant IPC/BNSS sections)
- Signature of the Complainant
- Signature of the Police Officer
Once filed, the police provide a free copy of the FIR to the complainant. FIRs can be registered at the jurisdictional police station, through Zero FIR, or via E-FIR for specific offences. A properly documented FIR ensures legal action and strengthens the investigation.
FIR Copy in India
An FIR (First Information Report) copy is a crucial legal document provided to the complainant after registering an FIR. As per BNSS, 2023 (Section 173), the police must give a free copy of the FIR to the complainant for reference and legal proceedings.
How to Obtain an FIR Copy?
- At the Police Station – After filing, request a signed and stamped FIR copy from the officer.
- Online Download – Many states allow downloading FIR copies from the state police website using the FIR number.
- Court Application – If the police deny access, a complainant can approach the Magistrate under Section 176 of BNSS.
An FIR copy is essential for tracking case status, filing insurance claims (in theft cases), or seeking legal remedies. Keeping an FIR copy ensures proof of complaint and legal protection.
FIR Number in India
An FIR Number is a unique identification number assigned to every First Information Report (FIR) registered at a police station. It helps track the case status and ensures proper documentation. As per BNSS, 2023 (Section 173), every FIR is recorded chronologically in the police station’s register and assigned a distinct number.
How to Find an FIR Number?
- It is mentioned on the FIR copy given to the complainant.
- It can be checked on state police websites using details like date, complainant name, or mobile number.
The FIR Number is crucial for legal proceedings, tracking investigations, and filing insurance claims.
FIR Legal Aspects:
FIR Against Someone
An FIR against a person is filed when someone is accused of committing a cognizable offence. The complaint must include details of the accused (if known), crime description, and evidence. As per BNSS, 2023 (Section 173), police must register an FIR and begin an investigation to ensure legal action.
FIR Law in India
The FIR law is governed by Section 173 of BNSS, 2023 (previously Section 154 of CrPC, 1973), mandating police to register an FIR for cognizable offences. It serves as the first step in criminal investigations, ensuring legal action, victim protection, and judicial proceedings.
FIR Investigation in India
Once an FIR is registered, the police initiate an investigation by collecting evidence, recording witness statements, and questioning suspects. Under Section 173 of BNSS, 2023, police must complete the inquiry within a reasonable time and submit a charge sheet or closure report based on findings.
FIR Evidence in India
Evidence in an FIR investigation includes witness statements, CCTV footage, forensic reports, medical records, and physical proof. Under BNSS, 2023 (Section 173), police must collect and verify credible evidence before filing a charge sheet or closure report to ensure a fair legal process.
Quashing of FIR in India
An FIR can be quashed by the High Court or Supreme Court under Section 482 of BNSS, 2023 if it is false, lacks evidence, or is filed with malicious intent. Courts may also quash FIRs in compoundable offences if both parties reach a mutual settlement.
FIR Related Concerns:
False FIR in India
Filing a false FIR is a criminal offence under Section 182 of the IPC, leading to imprisonment or a fine. If an FIR is found to be malicious or baseless, the accused can seek quashing under Section 482 of BNSS, 2023, and take legal action against the complainant.
FIR Delay in India
A delay in filing an FIR can weaken a case but does not invalidate it. Courts accept delayed FIRs if justified with valid reasons, such as medical emergencies or threats. Under BNSS, 2023 (Section 173), police must register an FIR without unnecessary delay in cognizable offences.
What Happens After FIR in India?
Once an FIR is registered, the police begin an investigation under BNSS, 2023 (Section 173). They collect evidence, record witness statements, interrogate suspects, and conduct forensic analysis. If enough evidence is found, a charge sheet is filed in court; otherwise, a closure report is submitted. The accused may be arrested or summoned based on the case's severity.
FIR Rights in India
Every citizen has the right to file an FIR for a cognizable offence, and the police are legally bound to register it under BNSS, 2023 (Section 173). The complainant has the right to receive a free copy of the FIR, track its status, and seek legal action if police refuse registration. In case of wrongful denial, they can approach senior officers, the Magistrate (Section 176 BNSS), or the High Court.
Most Important Questions on FIR
Can an FIR be filed without the presence of the complainant at the police station?
Yes, under BNSS, 2023 (Section 173), FIRs can be filed online (E-FIR) or through Zero FIR at any police station, ensuring accessibility.
What happens if the police refuse to register an FIR despite a cognizable offence?
The complainant can approach a senior police officer (Section 175 BNSS) or file a direct complaint with the Magistrate (Section 176 BNSS) to ensure FIR registration.
Is it possible to track the status of an FIR after registration?
Yes, as per BNSS (Section 178), FIRs can be tracked through state police websites, mobile apps, or by visiting the police station.
Can a false FIR lead to legal consequences for the complainant?
Yes, under Section 182 IPC, filing a false FIR is a punishable offence with imprisonment or a fine. The accused can also seek quashing under Section 482 BNSS.
What is the difference between a Charge Sheet and a Closure Report after an FIR?
A Charge Sheet is filed when enough evidence supports prosecution, while a Closure Report is submitted if the police find no substantial evidence.
Does an FIR automatically expire if no action is taken for a long time?
No, an FIR remains valid until the investigation is completed, and a charge sheet or closure report is filed under Section 173 BNSS.
Can an FIR be quashed if both parties agree to settle the matter?
Yes, in compoundable offences, courts may quash the FIR under Section 482 BNSS if both parties agree to amicable settlement.
Is there a time limit for filing an FIR after a crime occurs?
For serious offences (murder, rape, etc.), there is no time limit, while minor offences (punishable up to 3 years) must be reported within three years.
What should a person do if their name is wrongly mentioned in an FIR?
They can file a petition under Section 482 BNSS in the High Court for quashing the FIR based on wrongful implication.