This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The First Information Report (FIR) is the document that initiates the criminal justice process in India for cognizable offences. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024, introduced several changes to FIR procedure — including statutory recognition of the Zero FIR and e-FIR — while preserving the complainant’s core rights.
What Is an FIR?
An FIR is the first piece of information recorded by the police about the commission of a cognizable offence — an offence in which the police can arrest without a warrant and investigate without the permission of a Magistrate.
Under Section 173 of the BNSS (replacing Section 154 CrPC):
- Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to the officer in charge of a police station
- If given orally, it must be reduced to writing, read over to the informant, and signed
- If filed electronically, the informant must sign within 3 days
- A copy must be given forthwith, free of cost, to both the informant and the victim
An FIR is distinct from a Non-Cognizable Report (NCR), which is recorded under Section 174 BNSS for non-cognizable offences (where police cannot investigate without a Magistrate’s order).
Step-by-Step Procedure to File an FIR
Step 1 — Visit Any Police Station
Under Section 173(1) BNSS, a complainant may approach any police station in India, regardless of where the offence occurred. This is the statutory basis for the Zero FIR (discussed below).
Step 2 — Report the Information
Provide the information to the Station House Officer (SHO) or the officer on duty. The complaint may be given:
- Orally — the officer must write it down and read it back
- In writing — submit a written complaint
- Electronically — via e-mail, online portal, or the UPCOP mobile app
Step 3 — Sign the FIR
The informant must sign the written FIR. For electronically filed FIRs, the signature must be obtained within 3 days of submission.
Step 4 — Receive a Free Copy
Under Section 173(2) BNSS, the police must provide a copy of the FIR forthwith, free of cost to the informant and the victim. This is a legal right — no payment can be demanded.
Step 5 — Investigation Commences
Once the FIR is registered for a cognizable offence, the police must begin investigation without requiring a Magistrate’s order. For offences punishable with 3–7 years’ imprisonment, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within 14 days to ascertain whether a prima facie case exists (Section 173(3) BNSS).
Zero FIR — Filing Without Jurisdictional Restrictions
What Is a Zero FIR?
A Zero FIR is an FIR that can be filed at any police station, regardless of whether the offence occurred within its territorial jurisdiction. The FIR is assigned serial number “0” and is later transferred to the police station having jurisdiction.
Legal Basis
Section 173(1) BNSS expressly provides that information about a cognizable offence may be given “irrespective of the area where the offence is committed.” This gives statutory recognition to the Zero FIR, which was earlier only an administrative practice recommended by the Justice Verma Committee (2013) after the Nirbhaya case.
Procedure
- Approach any police station and report the offence
- The officer records the complaint as a Zero FIR (serial number “0”)
- The Zero FIR is transferred to the police station having territorial jurisdiction
- The jurisdictional police station re-registers it as a regular FIR and assigns an investigating officer
Penalty for Refusal
Under Section 223(b) of the Bharatiya Nyaya Sanhita (BNS), 2023 (replacing Section 166A IPC), a public servant who fails to record information relating to a cognizable offence as required by law may face imprisonment for a term which may extend to two years, with fine.
E-FIR — Online FIR Filing in Uttar Pradesh
The BNSS gives statutory recognition to electronic filing of FIRs. In Uttar Pradesh, the following channels are available:
| Channel | URL / Details |
|---|---|
| UP Police Official Website | https://uppolice.gov.in — Citizen Services section |
| CCTNS e-FIR Portal | https://cctnsup.gov.in/eFIR/login.aspx |
| UPCOP Mobile App | Available on Google Play Store and Apple App Store |
| National Cyber Crime Portal | https://cybercrime.gov.in — for cyber crimes |
E-FIR Procedure
- Visit the CCTNS portal or download the UPCOP app
- Register and log in
- Fill the e-FIR form with the required details
- Submit the form
- The e-FIR is verified by the e-police station in-charge
- Upon approval, verified FIR details are sent via SMS/email
- The informant must sign the e-FIR within 3 days of electronic submission
Rights of the Complainant
Mandatory Registration
The Supreme Court, in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1, held that registration of an FIR is mandatory when the information discloses a cognizable offence. The word “shall” in Section 154(1) CrPC (now Section 173(1) BNSS) makes this compulsory. The police have no discretion to refuse.
Free Copy of FIR
Section 173(2) BNSS mandates that a copy be given forthwith, free of cost, to both the informant and the victim. This is an expansion from the CrPC, which only mentioned the informant.
Anyone May File
Any person with knowledge of a cognizable offence may lodge an FIR. The complainant need not be the victim.
Special Protections for Women
For offences against women under Sections 64–79 and 124 of the BNS, the FIR must be recorded by a woman police officer. Statements may be recorded at the victim’s residence or a place of her convenience.
Persons with Disabilities
Information from persons with disabilities must be recorded at their residence or a convenient place, with the assistance of an interpreter or special educator as required.
What to Do If Police Refuse to Register an FIR
Step 1 — Document the Refusal
Record the officer’s name, badge number, designation, date, time, and reasons given for refusal.
Step 2 — Written Complaint to the Police Station
Submit a written complaint and obtain an acknowledgement. Send copies via registered post.
Step 3 — Complaint to Superintendent of Police
Under Section 173(4) BNSS (replacing Section 154(3) CrPC), the complainant may send the substance of the information in writing to the Superintendent of Police of the district. The SP must either investigate personally or direct a subordinate officer to do so.
Step 4 — Application Before Judicial Magistrate
Under Section 175(3) BNSS (replacing Section 156(3) CrPC), the complainant may file an application before the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate. The application must include:
- A detailed narration of facts
- Applicable BNS sections
- A statement regarding the police refusal
- A copy of the complaint sent to the SP under Section 173(4) BNSS, supported by an affidavit
- Supporting documents and witness details
Important BNSS change: Under Section 175(3), the Magistrate must hear the concerned police officer before passing orders and must pass a reasoned order. This safeguard was not present in the CrPC.
Step 5 — Additional Remedies
- Complaint to the State or National Human Rights Commission
- Writ petition under Article 226 of the Constitution (High Court)
Key Case Law
Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1
A Constitution Bench of the Supreme Court held that FIR registration is mandatory if the information discloses a cognizable offence. Key guidelines laid down:
- No preliminary inquiry is permissible when a cognizable offence is clearly disclosed
- If information does not clearly disclose a cognizable offence, preliminary inquiry must not exceed 7 days
- All information must be reflected in the General Diary/Station Diary
- Action must be taken against erring officers who refuse to register FIRs
Section 173(3) BNSS codifies a limited version of this ruling, permitting a 14-day preliminary inquiry for offences carrying 3–7 years’ imprisonment, with DSP-level approval.
State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335
The Supreme Court laid down 7 categories in which FIR or criminal proceedings may be quashed under Section 482 CrPC (now Section 528 BNSS), including where the allegations do not constitute any offence, where there is an express legal bar, or where the proceedings are manifestly attended with mala fide intent.
Joginder Kumar v. State of U.P. (1994) 4 SCC 260
The Supreme Court held that no arrest can be made routinely on a mere allegation of commission of an offence. The police officer must record reasons for arrest in the case diary, and a relative or friend must be informed.
Important Points to Remember
- There is no time limit to file an FIR, but delay must be satisfactorily explained — prompt filing strengthens credibility
- An FIR need not contain every minute detail; it is the first version of the incident
- Filing a false FIR is punishable under Section 199 BNS (replacing Section 182 IPC)
- Cognizable vs. non-cognizable: FIR is only for cognizable offences. For non-cognizable offences, the police record an NCR under Section 174 BNSS
- The police must begin investigation upon registration of an FIR for a cognizable offence — no Magistrate’s order is required
- For complaints about cyber crime, the National Cyber Crime Reporting Portal at https://cybercrime.gov.in may be used — see also our detailed guide: Cyber Crime Fraud in India 2026 — Types, Laws & How to File a Complaint
- If an arrest follows the registration of an FIR, the accused has important constitutional and statutory rights — see Rights of the Accused During Arrest and Police Custody in India
Useful Resources
- UP Police Official Website
- CCTNS e-FIR Portal (UP)
- National Cyber Crime Reporting Portal
- Indian Kanoon
- Jansunwai (UP CM Grievance Portal)
Helpline Numbers
| Helpline | Number |
|---|---|
| Police Emergency | 112 |
| UP Women Power Line | 1090 |
| Women Helpline | 181 |
| Child Helpline | 1098 |
| Chief Minister Helpline (UP) | 1076 |
| National Cyber Crime Helpline | 1930 |
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.