1. What is an FIR under Section 173 BNSS?
An FIR is the earliest information regarding the commission of a cognizable offence given to the officer in charge of a police station. A cognizable offence is an offence where a police officer may arrest without a warrant and initiate investigation without magisterial order (e.g. murder, robbery, rape, cheating, grievous hurt).
2. Key Innovations: Zero FIR and Electronic FIR (e-FIR)
Section 173 of BNSS codifies historical administrative advisories into statutory law:
Modern Methods of Reporting
- Zero FIR (Section 173(1)): Information regarding a cognizable offence may be registered at ANY police station, irrespective of the territorial jurisdiction where the crime took place. The station registers it as 'Zero FIR' and transmits the docket to the jurisdictional station without delay.
- Electronic FIR (e-FIR): Information can be transmitted electronically (via email or police web portal) to the police station. The complainant must sign the written copy within three days, whereupon the FIR is formally registered.
- Free Certified Copy: A copy of the FIR must be provided immediately to the informant or complainant free of cost.
3. The 14-Day Preliminary Inquiry (Section 173(3) BNSS)
Under the landmark ruling in Lalita Kumari v. Govt. of UP (2014) 2 SCC 1, registration of an FIR was held to be mandatory for all cognizable offences. Section 173(3) of BNSS introduces a statutory exception for offences punishable between 3 and 7 years:
4. Remedies When Police Refuse to Register an FIR
If the police officer in charge refuses to record information regarding a cognizable offence, the citizen possesses a three-tier statutory remedy:
- Step 1 - Approach the SP (Section 173(4) BNSS): Send the substance of the information in writing by registered post to the Superintendent of Police (SP). If satisfied that a cognizable offence is disclosed, the SP shall either investigate or direct a subordinate officer to investigate.
- Step 2 - Application to Judicial Magistrate (Section 175(3) BNSS): If the SP fails to act, the aggrieved person may file an application under Section 175(3) BNSS (formerly Section 156(3) CrPC) before the competent Judicial Magistrate. The Magistrate has the power to order the registration of an FIR and monitor investigation.
- Step 3 - High Court Writ Petition (Article 226): If police authorities fail to discharge their statutory duty, a writ of Mandamus can be filed before the Rajasthan High Court at Jodhpur.
5. Accused Rights During Investigation
The BNSS provides enforceable statutory rights to any person summoned or interrogated during investigation:
- Section 35 Notice of Appearance: In offences punishable up to 7 years, police must ordinarily issue a written notice of appearance directing the suspect to join investigation rather than making an arrest.
- Right to Know Grounds of Arrest (Section 47 BNSS): Every police officer arresting without warrant must immediately communicate full particulars of the offence and grounds of arrest to the person.
- Audio-Video Recording of Seizures (Section 105 BNSS): Seizure of clothes, weapons, vehicles, and documents must be recorded electronically and forwarded to the Magistrate.
Frequently Asked Questions on FIR & Investigation
Yes. Under Section 528 of the BNSS (Section 482 CrPC) or Article 226 of the Constitution, an FIR can be challenged before the Rajasthan High Court. If the allegations are absurd, inherently improbable, purely civil in nature, or instituted out of personal malice without disclosing any cognizable offence, the High Court possesses the jurisdiction to quash the FIR.
An FIR relates to a cognizable offence where the police can arrest without warrant and must investigate. A Non-Cognizable Report (NCR) under Section 174 BNSS relates to non-cognizable offences (e.g. simple hurt, petty insult), where the police enter the substance in the station dairy and cannot investigate or arrest without the express order of a Judicial Magistrate.