First Information Report (F.I.R.) under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): A Comprehensive Guide
By Advocate Avichal Pandey, Allahabad High Court
Introduction
The concept of a First Information Report (F.I.R.) forms the bedrock of criminal justice administration in India. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the Code of Criminal Procedure, 1973, the law relating to F.I.R. has been modernized while retaining its core principles.
The BNSS introduces procedural clarity, technological adaptability, and a victim-centric approach. This article explains the concept of F.I.R. under BNSS with illustrations and judicial guidance.
What is an F.I.R.?
An F.I.R. is the first information relating to the commission of a cognizable offence, given to a police officer and recorded in the prescribed manner.
Under BNSS, this is governed by Section 173 BNSS (corresponding to Section 154 CrPC).
It sets the criminal law in motion and marks the beginning of police investigation.
Essential Ingredients of an F.I.R.
●Information must disclose a cognizable offence.
●It must be given to the officer in charge of a police station
●It must be reduced into writing
●It must be signed by the informant
●It must be officially recorded
Key Features under BNSS
1. Mandatory Registration of F.I.R.
The police are under a statutory obligation to register an F.I.R. where the information discloses a cognizable offence.
This principle has been conclusively settled in the landmark judgment of
👉 Lalita Kumari v. Government of Uttar Pradesh.
Key Principles laid down in Lalita Kumari Case:
●Registration of F.I.R. is mandatory under the law.
●Police officers cannot refuse registration if a cognizable offence is disclosed.
●Preliminary inquiry is not required in all cases.
●Delay in registration invites disciplinary action.
The Supreme Court emphasized that registration of F.I.R. is a duty, not discretion.
2. Preliminary Inquiry (Limited Exception)
The Court in Lalita Kumari carved out limited exceptions where preliminary inquiry may be conducted:
●Matrimonial disputes
●Commercial offences
●Medical negligence cases
●Corruption cases
●Cases with abnormal delay
However, such inquiry must be time-bound and cannot exceed reasonable limits.
3. Electronic F.I.R. (e-F.I.R.)
BNSS recognizes technological advancements by allowing:
●Electronic communication of information
●Digital recording
●Timely authentication by the informant
4. Zero F.I.R.
Any police station can register an F.I.R., irrespective of territorial jurisdiction.
●Ensures immediate access to justice
●Particularly important in urgent and serious offences
5. Protection of Victims
●Free copy of F.I.R. must be provided
●Women victims’ statements recorded by female officers
●Sensitive cases handled with confidentiality
Illustrative Examples
Example 1: Theft Case
●A person reports theft of his mobile phone:
●Police must register F.I.R. immediately
●Investigation begins without delay
●Refusal would be illegal as per Lalita Kumari judgment.
Example 2: Matrimonial Dispute
●A complaint regarding harassment by spouse:
●Police may conduct brief preliminary inquiry
●If cognizable offence is found → F.I.R. must be registered
Example 3: Zero F.I.R.
●An accident victim reports in a different city:
●Police must register a Zero F.I.R.
●Later transferred to the appropriate jurisdiction
Evidentiary Value of F.I.R.
●Though not substantive evidence, F.I.R.:
●Helps corroborate statements
●Reflects the earliest version of events
●Assists in evaluating prosecution credibility
Remedies in Case of Refusal
If police refuse to register F.I.R., the informant may:
●Approach the Superintendent of Police
●File complaint before Judicial Magistrate
●Invoke writ jurisdiction of the High Court
Conclusion
The law relating to F.I.R. under BNSS has been strengthened by statutory clarity and judicial interpretation. The ruling in
👉 Lalita Kumari v. Government of Uttar Pradesh remains the cornerstone governing F.I.R. registration.
The combined effect of BNSS and judicial precedents ensures that access to justice begins without procedural obstruction, making F.I.R. a powerful tool in the hands of citizens.
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