FIR Under BNSS 2023 – Meaning, Procedure & Legal Remedies

The First Information Report (FIR) is the foundation of criminal investigation in India. With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedural law governing criminal investigations has been modernised while preserving the core concept of FIR registration.

Understanding how FIR works under BNSS is important for citizens, victims and accused persons alike.

1. What is an FIR?

An FIR is the first information given to the police regarding the commission of a cognizable offence. Once recorded, it sets the criminal investigation process in motion.

Under BNSS 2023, the relevant provision governing FIR registration is Section 173.

2. When Must Police Register an FIR?

Police are legally required to register an FIR when information discloses the commission of a cognizable offence such as:

• Theft
• Assault
• Kidnapping
• Fraud
• Murder

The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2013) clarified that registration of FIR is mandatory when a cognizable offence is disclosed.

3. What is Zero FIR?

Zero FIR allows a person to file an FIR at any police station regardless of jurisdiction. The police station receiving the complaint must register the FIR and then transfer it to the appropriate jurisdiction.

This concept is especially important in urgent situations such as serious crimes or offences against women.

4. What If Police Refuse to Register an FIR?

If police refuse to register an FIR, several remedies are available:

• File a written complaint before the Superintendent of Police
• Approach the Judicial Magistrate
• Send complaint through registered post to senior police officials

Refusal to register FIR in cognizable offences can amount to dereliction of duty.

5. Importance of FIR in Criminal Proceedings

FIR serves as the starting point for investigation. Once registered, the police can collect evidence, record witness statements and initiate further legal action.

Proper FIR registration ensures transparency and accountability in criminal justice administration.

Conclusion

FIR registration remains a fundamental procedural safeguard under BNSS 2023. Citizens must be aware of their rights regarding FIR filing, Zero FIR and remedies available when police refuse to act.

Legal awareness empowers individuals and strengthens the rule of law.

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About the Author

Nikhil Chugh is an Indian advocate, legal educator and author based in Panipat, Haryana, and a member of the Supreme Court Bar Association.

Read full profile: Nikhil Chugh – Advocate

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