first information report

Under s.173 BNSS (old s.154 CrPC), information about a cognizable offence given to the officer in charge of a police station must be recorded, read over and signed by the informant, and a free copy given. The BNSS allows it to be given orally or electronically (an e-FIR must be signed within three days) and at any police station regardless of jurisdiction (zero FIR). For offences punishable with three years or more but less than seven, a preliminary enquiry of up to fourteen days is permitted with the prior permission of a Deputy Superintendent of Police.

In Lalita Kumari the Supreme Court held that registration is mandatory when the information discloses a cognizable offence. If the police refuse, the informant may approach the Superintendent of Police (s.173(4) BNSS) or the Magistrate (s.175(3) BNSS, old s.156(3) CrPC). An FIR is not substantive evidence; it can be used only to corroborate or contradict its maker.

Example

Delay in lodging the first information report is not fatal by itself, but an unexplained delay allows the defence to argue that the story was improved later.

In Indian law

• Section 173, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.154 CrPC)
• Lalita Kumari v. Govt. of U.P., 2013 INSC 748

See also

zero FIR · cognizable offence · investigation · charge sheet

Read more in the study notes

• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
• Accomplice, approver and corroboration (Bharatiya Sakshya Adhiniyam)
• Cyber crimes under the BNS and BNSS (Cyber Law)
• Cyber law: quick revision and practice (Cyber Law)
• Lay-off, retrenchment and closure (Labour and Industrial Law I)