The First Information Report is the foundational document of the Indian criminal justice system. It is the instrument through which the state machinery is set in motion against a cognizable offence. Yet misconceptions about FIRs — who can file one, what obligations the police bear, what remedies exist when the police refuse, and how companies and directors can be named — remain widespread among individuals and businesses alike.
India's criminal procedure has undergone a significant legislative overhaul with the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023"), which replaced the Code of Criminal Procedure, 1973 ("CrPC") with effect from 1 July 2024. This guide is written entirely under the BNSS, 2023 framework, with cross-references to the superseded CrPC provisions where the transition is legally significant.
This three-part series provides a practitioner-grade analysis of FIR law: from the statutory definition and cognizability of offences through to the quashing of FIRs and the FIR procedures specific to Delhi, Noida and Gurugram. Each part is self-contained and can be read independently; together, they form a complete reference guide.
Each part is a complete, standalone article. Read sequentially for the full picture or jump directly to the part most relevant to your matter.
Key Supreme Court and High Court decisions shaping FIR law — including Lalita Kumari, State of Haryana v. Bhajan Lal, Arnab Goswami and more.
An FIR (First Information Report) is the first document recorded by the police when information about a cognizable offence is received. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023), an officer in charge of a police station is legally obligated to register an FIR upon receiving information about a cognizable offence. The FIR sets the criminal justice process in motion and enables the police to investigate without a Magistrate's prior sanction.
A Zero FIR is an FIR that can be registered at any police station regardless of the jurisdiction in which the offence occurred. The concept was developed by the Justice Verma Committee (2013) and has now been codified under Section 173(1) of the BNSS, 2023. After registration, a Zero FIR is transferred to the police station having territorial jurisdiction. Zero FIR ensures that delays caused by jurisdictional disputes do not prevent the immediate registration of serious crimes.
No. For cognizable offences, the police cannot legally refuse to register an FIR. Under Section 173 of the BNSS, 2023, an officer in charge of a police station is mandatorily required to register the FIR. If the police refuse, the aggrieved person may send the information in writing to the Superintendent of Police under Section 173(4) of the BNSS, 2023, or approach a Magistrate under Section 175(3) of the BNSS, 2023, who can direct the police to investigate. The Supreme Court of India affirmed the mandatory nature of FIR registration in Lalita Kumari v. Government of UP (2013) 2 SCC 1.
An FIR relates to cognizable offences — offences for which the police can arrest without a warrant and investigate without Magistrate sanction. A complaint, under Section 2(d) of the BNSS, 2023, is any allegation made orally or in writing to a Magistrate and typically concerns non-cognizable offences. The Magistrate takes cognizance of complaints and may direct an inquiry or issue process. In contrast, an FIR triggers an automatic police investigation. The practical significance: serious crimes (murder, rape, dacoity, fraud above certain thresholds) are cognizable and attract FIR registration; minor offences may only warrant a complaint before a Magistrate.
Several states now permit online FIR registration for select offences (typically theft, loss of documents, minor road accidents). Delhi Police allows online FIR filing at delhipolice.gov.in. Noida (Uttar Pradesh) allows e-FIR filing through the UP Police portal at uppolice.gov.in. Haryana (for Gurugram matters) operates through haryanapoliceonline.gov.in. Under Section 173(1) of the BNSS, 2023, information given by electronic communication must also be registered as an FIR and a copy sent to the informant. Online FIR is typically limited to non-heinous cognizable offences; serious offences require physical presence at the police station.
Disclaimer: This guide is provided for general informational purposes only and does not constitute legal advice. FIR law involves jurisdiction-specific procedures and facts that vary materially from case to case. If you are involved in a criminal matter — whether as a complainant, accused, or under investigation — you should seek advice from a qualified advocate. LexWiser provides legal advisory services; please contact us to discuss your specific matter.