When the police must register an FIR
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the CrPC from 1 July 2024, information about a cognizable offence can be given to the officer in charge of a police station orally or by electronic communication, irrespective of the area where the offence was committed. This is commonly called a Zero FIR: the station records it and transfers it to the station with jurisdiction. Information given electronically must be signed by the informant within three days to be taken on record.
The Supreme Court in Lalita Kumari v. Government of U.P. (2013) held that registration of an FIR is mandatory when information discloses a cognizable offence. Section 173(3) BNSS now allows a preliminary enquiry within 14 days for cognizable offences punishable with three years or more but less than seven years, with the permission of a senior officer, to decide whether a prima facie case exists.
Non-cognizable offences
For non-cognizable offences, Section 174 BNSS requires the officer to enter the substance of the information in a register and refer the informant to the Magistrate. The police cannot investigate a non-cognizable case without a Magistrate’s order. The station may give you a receipt or record number; keep it.
If the police refuse to register
Under Section 173(4) BNSS, a person aggrieved by refusal to record information may send the substance of the information in writing, by post, to the Superintendent of Police concerned. If the SP is satisfied that a cognizable offence is disclosed, the SP may investigate or direct an investigation.
If that does not work, you may apply to the Magistrate under Section 175(3) BNSS, supported by an affidavit, after having approached the SP under Section 173(4). The Magistrate may make an enquiry and order investigation. Keep copies and postal receipts at each stage.
Cyber fraud and women’s safety
For online financial fraud, call 1930 or report at cybercrime.gov.in as quickly as possible; quick reporting can help freeze money in transit. Keep transaction IDs, screenshots and phone numbers. For offences against women, BNSS provides that information may be recorded by a woman officer in specified cases. In any emergency, call 112 first.
Frequently asked questions
Can I file a complaint at any police station?
Yes. Under Section 173 BNSS, information about a cognizable offence can be given irrespective of where it happened (Zero FIR); it will be transferred to the correct station.
Do I get a copy of the FIR?
Yes. Section 173(2) BNSS entitles the informant to a free copy of the information as recorded.
What if the police refuse?
Send the information in writing by post to the Superintendent of Police under Section 173(4), then approach the Magistrate under Section 175(3) with an affidavit if needed.
Should I mention BNS sections?
Not necessary. Describe facts clearly; the police decide the applicable offences. You may get advice from an advocate.
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Related formats
Official sources
- India Code — Bharatiya Nagarik Suraksha Sanhita, 2023
- National Cyber Crime Reporting Portal
- Ministry of Home Affairs — new criminal laws
- Emergency Response Support System — 112
This page gives general information, not legal advice. Forms, fees and timelines are set by each State and can change — confirm on your State portal before applying.