Short answer
An FIR, or First Information Report, is the document the police record when they first receive information about a cognizable offence. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the duty to register an FIR is in Section 173 BNSS, which replaced Section 154 of the Code of Criminal Procedure, 1973 (CrPC). You may give the information orally, but a written complaint in plain sequence - who, what, when, where and how - makes registration faster and produces a clean record.
Who this applies to
- Any victim or witness who wants a cognizable offence registered at a police station in India.
- Persons whose complaint has been refused and who need the next step.
- Residents of Kolkata and West Bengal dealing with theft, assault, cheating, cyber fraud or matrimonial cruelty complaints.
What an FIR must contain
- Informant details - full name, address, phone and identity.
- Date and time of the information and of the incident.
- Place of occurrence and the police station having jurisdiction.
- The account in sequence - what happened, in the order it happened.
- Names of the accused and of witnesses, if known.
- Property involved and its value, in theft or cheating cases.
- Identification - whether you can identify the accused.
Section 173 BNSS permits information to be given by electronic communication and requires it to be recorded irrespective of the area where the offence is committed, which is the basis of the zero FIR. Where the information discloses a cognizable offence, registration is mandatory.
How to write a written complaint the police will register
- Address it to the officer in charge of the police station having jurisdiction.
- State your name, address and contact details at the top.
- Give the date, time and place of the incident first.
- Set out the events in numbered paragraphs in the order they occurred.
- Name the persons involved and describe their role.
- List the loss or injury and the evidence available.
- Sign and date it, and keep a copy for yourself.
Your right to a free copy
Section 173 BNSS requires that a copy of the information recorded be given free of cost to the informant. Always collect the FIR copy with its number; it is the base document for later applications, insurance claims and court proceedings.
If the police refuse to register
If the officer refuses, first send the substance of the information in writing to the Superintendent of Police, who may direct registration. The next step is a complaint to the Magistrate under Section 175(3) BNSS (formerly Section 156(3) CrPC), asking the Magistrate to direct an investigation. Delay in registration is not by itself a bar, but it should be explained.
What a Zero FIR is
A zero FIR is one registered by any police station regardless of jurisdiction, numbered zero, and then transferred to the station that has jurisdiction. It is used when the victim reaches the nearest station first, especially in serious offences, so that no time is lost. The station that records it must forward it to the competent station for investigation. Section 173 BNSS supports this by allowing registration irrespective of where the offence was committed.
Filing an FIR online and by post
Section 173 BNSS permits information to be given by electronic communication, and several states allow e-FIR through the police portal, particularly for offences such as vehicle theft where the accused is unknown. A complaint may also be sent to the police station by registered post if the informant cannot go in person. In every case, follow up and obtain the FIR number and a copy, because an unacknowledged letter is not the same as a registered case.
Delay and its effect
A delay in lodging an FIR is not fatal by itself. The informant should explain the reason for the delay in the complaint itself, for example fear, injury, or an attempt at settlement. Courts assess delay along with the overall conduct, and an unexplained delay weakens the prosecution's case rather than the informant's.
Statements and evidence
Statements recorded by a police officer during investigation are governed by Sections 180 and 181 BNSS (formerly Sections 161 and 162 CrPC). Such statements are not signed by the maker and cannot be used as substantive evidence, though the law allows their limited use, such as for contradiction. A statement or confession recorded before a Magistrate under Section 183 BNSS (formerly Section 164 CrPC) carries greater evidentiary value and follows a stricter procedure.
Common mistakes
- Giving a vague, undated or out-of-sequence account.
- Not taking the free FIR copy or its number.
- Naming people without any role, which weakens the complaint.
- Waiting after a refusal instead of moving the Superintendent of Police or the Magistrate.
Frequently asked questions
Can the police refuse to register an FIR?
Not if the information discloses a cognizable offence. If they refuse, use the Superintendent of Police route or a Magistrate complaint under Section 175(3) BNSS.
Is a zero FIR legally valid?
Yes. It is registered to avoid delay and is later transferred to the station with jurisdiction.
Can I add facts later?
Yes, through a supplementary or additional statement. A later statement should explain why the earlier one was incomplete.
Are the police bound to give me a copy of my statement?
You are entitled to a free copy of the FIR. Access to other statements recorded during investigation is governed by the BNSS rules on supply of documents.
FileX Advocates & Legal Consultants, Kolkata, drafts written complaints, FIR follow-ups and refusal remedies. Call +91 7439811422 or message us on WhatsApp at https://wa.me/917439811422. See our criminal law services, the criminal law formats, and our FIR quashing service, or contact us.