About This Article Series
This article forms Part II of LexWiser's three-part comprehensive guide on First Information Reports ("FIRs") in India.
Part I Covered:
- Meaning and purpose of an FIR;
- Statutory framework under the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023");
- Cognizable and non-cognizable offences;
- Mandatory registration of FIRs;
- The landmark decision in Lalita Kumari v. Government of Uttar Pradesh & Ors.;
- Zero FIR; and
- Foundational principles governing criminal investigations.
Part II Covers:
- FIR vs Police Complaint;
- FIR vs NCR;
- FIR vs Chargesheet;
- FIR vs Police Report;
- Police refusal to register FIR;
- Remedies before the Superintendent of Police;
- Applications before Magistrates under Section 175(3) BNSS, 2023;
- Writ remedies before High Courts;
- Powers of Magistrates and Sessions Courts; and
- Important judicial precedents governing FIR registration.
Introduction
Registration of an FIR is only the first stage of the criminal justice process. In practice, a large number of disputes arise not because citizens are unaware of offences, but because they are uncertain about the procedural remedies available when police authorities refuse to act.
Many complainants are also unable to distinguish between an FIR, a police complaint, a Non-Cognizable Report ("NCR"), a chargesheet, and a police report. These distinctions become critically important because each document operates at a different stage of the criminal process and carries different legal consequences.
This Part II focuses on those practical and procedural aspects.
Difference Between an FIR and a Police Complaint
One of the most common misconceptions is that every complaint made to a police officer automatically becomes an FIR. This is incorrect.
What is a Police Complaint?
A police complaint is information communicated to law enforcement authorities regarding an alleged incident. A complaint may relate to:
- Cognizable offences;
- Non-cognizable offences;
- Missing persons;
- Lost property;
- Public grievances; or
- Other incidents requiring police attention.
Not every complaint results in registration of an FIR.
What is an FIR?
An FIR is a statutory record prepared under Section 173 BNSS, 2023 where information discloses commission of a cognizable offence. Registration of an FIR generally results in commencement of investigation.
Comparative Analysis: Police Complaint vs FIR
| Basis | Police Complaint | FIR |
|---|---|---|
| Nature | Information given to police | Statutory record under Section 173 BNSS |
| Offence Type | Cognizable or non-cognizable | Cognizable offences |
| Investigation | Not always initiated | Investigation generally follows |
| Registration Number | Not necessarily assigned | FIR number assigned |
| Legal Consequence | Preliminary communication | Formal commencement of criminal process |
Simply put: every FIR originates from a complaint, but every complaint does not become an FIR.
Difference Between FIR and NCR
What is an NCR?
NCR stands for Non-Cognizable Report. It is generally recorded where information relates to a non-cognizable offence under Section 174 BNSS, 2023.
Comparative Analysis: FIR vs NCR
| Basis | FIR | NCR |
|---|---|---|
| Governing Provision | Section 173 BNSS | Section 174 BNSS |
| Offence Type | Cognizable | Non-cognizable |
| Investigation | Immediate investigation permissible | Magistrate's permission generally required |
| Arrest Powers | May exist depending upon offence | Generally unavailable |
| Legal Consequence | Criminal investigation commences | Matter recorded pending further process |
Difference Between FIR and Chargesheet
Many people incorrectly assume that registration of an FIR means the accused has been found guilty. This is legally incorrect.
FIR
An FIR records allegations. It is registered before investigation and merely indicates that a cognizable offence is alleged to have occurred.
Chargesheet
A chargesheet is filed after investigation. It contains:
- Witness statements;
- Documentary evidence;
- Electronic evidence;
- Forensic reports;
- Expert opinions; and
- The investigating officer's conclusions.
Comparative Analysis: FIR vs Chargesheet
| Basis | FIR | Chargesheet |
|---|---|---|
| Stage | Beginning of criminal process | End of investigation |
| Purpose | Report offence | Report investigation findings |
| Author | Informant through police | Investigating officer |
| Evidence | Preliminary allegations | Collected evidence |
| Result | Investigation begins | Court considers prosecution |
Difference Between FIR and Police Report
Under the earlier Code of Criminal Procedure, 1973 ("CrPC, 1973"), the final police report was governed by Section 173 CrPC. Under the present framework, the investigating officer submits a police report after completion of investigation in accordance with the provisions of BNSS, 2023.
- The FIR records allegations.
- The police report records investigative findings.
The two should never be confused.
What Happens After an FIR is Registered?
Once an FIR is registered, the investigating agency may:
- Visit the crime scene;
- Record statements of witnesses;
- Conduct searches;
- Seize evidence;
- Obtain forensic reports;
- Arrest accused persons where legally permissible;
- Collect electronic evidence;
- Seek expert opinions; and
- Complete investigation.
The objective is to determine whether sufficient evidence exists to prosecute the accused.
What Happens If Police Refuse to Register an FIR?
This is one of the most important practical issues faced by complainants. Where information discloses commission of a cognizable offence, registration is generally mandatory.
This principle was authoritatively laid down in:
Lalita Kumari v. Government of Uttar Pradesh & Ors.
(2014) 2 SCC 1 · Constitution Bench, Supreme Court of India
Principle: Registration of an FIR is mandatory where information discloses commission of a cognizable offence. Failure to register may expose police officers to legal consequences.
Step-by-Step Remedies If Police Refuse to Register an FIR
Remedy Before Magistrate Under Section 175(3) BNSS, 2023
If police authorities fail to act despite approaching superior officers, the complainant may approach the jurisdictional Magistrate. Section 175(3) BNSS, 2023 substantially corresponds to Section 156(3) CrPC, 1973.
Scope of Magistrate's Power
The Magistrate may:
- Direct registration of an FIR;
- Direct investigation;
- Call for reports; and
- Monitor procedural compliance.
The provision acts as an important safeguard against police inaction.
Sakiri Vasu v. State of Uttar Pradesh
(2008) 2 SCC 409 · Supreme Court of India
Principle: The Supreme Court held that complainants should ordinarily exhaust statutory remedies before invoking writ jurisdiction. The Court emphasised the importance of approaching the Magistrate where police authorities fail to perform their duties.
Affidavit Requirement and Responsible Invocation of Magistrate's Jurisdiction
Priyanka Srivastava v. State of Uttar Pradesh
(2015) 6 SCC 287 · Supreme Court of India
Principle: The Supreme Court observed that applications seeking investigation should not be filed casually and should ordinarily be supported by affidavits. The judgment seeks to prevent abuse of criminal process.
Can a Magistrate, Sessions Court or High Court Direct Registration of an FIR?
Can a Magistrate Order Registration of an FIR?
Yes. Where statutory requirements are satisfied and a cognizable offence is disclosed, the Magistrate may direct investigation. However, such power must be exercised judicially and not mechanically — the Magistrate must apply independent mind to the material placed on record.
Can a Sessions Court Direct Registration of an FIR?
Ordinarily, the first judicial remedy lies before the Magistrate. The Sessions Court generally exercises appellate and revisional jurisdiction. In practice, complainants usually approach the Magistrate before seeking further remedies.
Can a High Court Direct Registration of an FIR?
Yes. The High Court may exercise jurisdiction under Article 226 of the Constitution of India in appropriate cases. However, High Courts generally expect litigants to exhaust alternative statutory remedies before invoking extraordinary constitutional jurisdiction.
Aleque Padamsee v. Union of India
(2007) 6 SCC 171 · Supreme Court of India
Principle: The Supreme Court reiterated that where police authorities fail to act, complainants should ordinarily utilise remedies available under criminal procedure law before approaching constitutional courts.
What if Police Conduct an Improper Investigation?
A complainant is not remediless merely because an FIR has been registered. The criminal justice system provides mechanisms to challenge: failure to investigate; improper investigation; biased investigation; and incomplete investigation.
State of Bihar v. J.A.C. Saldanha
(1980) 1 SCC 554 · Supreme Court of India
Principle: The Court discussed the supervisory mechanisms available in relation to criminal investigations and the role of judicial oversight.
Closure Report and Rights of Informant
Sometimes police conclude that no case is made out after investigation. In such circumstances, a closure report may be filed before the Magistrate.
Bhagwant Singh v. Commissioner of Police
(1985) 2 SCC 537 · Supreme Court of India
Principle: The informant is entitled to be heard before acceptance of a closure report. This remains an important safeguard for complainants.
Online FIRs, State-Specific FIR Procedures, Certified Copies and RTI
The increasing digitisation of public services has transformed the manner in which citizens interact with law enforcement authorities. The Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023") recognises electronic communication as a mode of furnishing information relating to cognizable offences.
However, the concept of an "online FIR" is not uniform across India. The practical availability of online reporting depends upon the infrastructure and procedures adopted by individual State Police authorities.
Which Matters Can Commonly Be Reported Online?
Many State Police departments permit online reporting for matters such as:
- Lost mobile phones;
- Missing documents;
- Lost articles;
- Certain theft-related complaints;
- Cybercrime complaints; and
- Vehicle-related reports.
Serious cognizable offences may still require interaction with investigating officers for recording statements and collecting evidence.
Can Serious Offences Be Reported Online?
In many jurisdictions, an initial complaint may be submitted electronically. However, complainants may subsequently be required to:
- Visit the police station;
- Provide supporting documents;
- Record statements; and
- Assist investigating authorities.
Accordingly, online reporting should often be viewed as the first step in the process rather than the entire process itself. For a detailed discussion of the statutory framework governing mandatory FIR registration, see Part I: Fundamentals of FIR Law.
How to File an FIR in Delhi
Residents of Delhi may approach the jurisdictional police station and provide information regarding the offence.
Delhi Police also provides various online citizen services for specific categories of complaints and reports, including certain lost reports, missing document reports and cyber-related complaints.
For serious cognizable offences, direct interaction with police authorities may still be necessary.
How to File an FIR in Noida
Noida falls within the jurisdiction of Uttar Pradesh Police.
A complainant may:
- Approach the relevant police station;
- Submit a written complaint;
- Provide supporting documents; and
- Preserve copies of all communications.
Online services may also be available depending upon the category of complaint.
How to File an FIR in Gurugram
Gurugram falls within the jurisdiction of Haryana Police.
Residents may approach:
- The local police station;
- Specialised units where applicable; and
- Cybercrime units for cyber-related offences.
As discussed earlier in this article, the principle of Zero FIR — covered in detail in Part I: Fundamentals of FIR Law — permits information relating to a cognizable offence to be reported even where the police station lacks territorial jurisdiction, following which the matter may be transferred to the competent police station.
Obtaining a Copy of an FIR
One of the most common practical questions asked by complainants is how they can obtain a copy of an FIR after registration.
Rights of Informants
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023"), the informant is entitled to receive a copy of the FIR free of cost.
This safeguard enables the informant to:
- Verify the contents of the FIR;
- Maintain records;
- Monitor subsequent proceedings; and
- Seek appropriate legal remedies where necessary.
Obtaining Certified Copies
Depending upon the stage of proceedings and local procedures, certified copies may also be obtained through:
- The concerned court;
- Police authorities; and
- Applicable procedural mechanisms.
Is an FIR a Public Document?
An FIR generally possesses characteristics of a public document. However, unrestricted access may not be available in every situation.
Courts often balance:
- Privacy rights;
- Interests of a fair investigation;
- Protection of victims; and
- Public interest considerations.
Access restrictions frequently arise in cases involving:
- Sexual offences;
- Child victims;
- National security concerns; and
- Sensitive investigations.
FIRs and the Right to Information Act, 2005
A common question concerns whether FIR-related information may be obtained under the Right to Information Act, 2005.
The answer depends upon:
- The nature of information sought;
- The stage of investigation; and
- Applicable statutory exemptions.
Information that may impede an ongoing investigation may be exempt from disclosure. Consequently, requests relating to investigation records frequently require case-specific evaluation.
For issues involving corporate entities, FIRs against directors, and the quashing of FIRs, see Part III: Corporate FIRs, Director Liability, Quashing of FIRs and Practical FAQs.
Key Takeaways
- ✓ Submit a written complaint and retain a copy.
- ✓ Preserve all documentary evidence immediately.
- ✓ Approach the Superintendent of Police under Section 173(4) BNSS, 2023.
- ✓ Approach the Magistrate under Section 175(3) BNSS, 2023.
- ✓ Consider constitutional remedies before the High Court where necessary.
- ✓ Do not assume that police inaction leaves you without remedies — the law provides a structured hierarchy of remedies to ensure accountability.
Conclusion
The registration of an FIR represents only the beginning of the criminal justice process. Equally important are the procedural safeguards that ensure police authorities perform their statutory duties and that complainants have effective remedies when those duties are neglected.
The BNSS, 2023 continues to preserve judicial oversight over criminal investigations through remedies before superior police authorities, Magistrates and constitutional courts. Understanding these procedural safeguards is often as important as understanding the FIR itself.
First Information Report (FIR) in India: Complete Legal Guide Under the New Criminal Laws (PART III)
Corporate FIRs, Director Liability, Quashing of FIRs and Practical FAQs
- ✔ FIR Against Companies & Directors
- ✔ Director Liability Under BNSS, 2023
- ✔ Quashing of FIRs Under Section 528 BNSS
- ✔ Multiple FIRs and Counter FIRs
- ✔ Anticipatory Bail and FIRs
- ✔ Practical FAQs
Frequently Asked Questions: FIR Registration & Remedies
If police refuse to register your FIR for a cognizable offence, you have three escalating statutory remedies. First, submit your complaint in writing to the officer in charge and retain a copy. Second, approach the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS, 2023") — if satisfied that a cognizable offence is disclosed, the SP may investigate personally or direct a subordinate officer to do so. Third, if the SP also fails to act, approach the jurisdictional Magistrate under Section 175(3) BNSS, 2023, who has the power to direct registration of an FIR and investigation. The Supreme Court has affirmed the mandatory nature of FIR registration in Lalita Kumari v. Government of Uttar Pradesh & Ors., (2014) 2 SCC 1.
A police complaint is any information communicated to law enforcement authorities regarding an alleged incident — it may relate to cognizable or non-cognizable offences and does not always result in an FIR. An FIR, on the other hand, is a statutory record prepared under Section 173 BNSS, 2023 specifically where the information discloses commission of a cognizable offence. Every FIR originates from a complaint, but not every complaint becomes an FIR. The key legal distinction is that an FIR triggers mandatory investigation by the police, while a general complaint may not.
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which substantially corresponds to Section 156(3) of the Code of Criminal Procedure, 1973) empowers a Magistrate to direct the police to investigate a cognizable offence. If a police officer refuses to register an FIR and the Superintendent of Police also fails to act, you may file an application before the jurisdictional Magistrate. The Magistrate may direct registration of the FIR, direct investigation, call for reports, and monitor procedural compliance. However, the Supreme Court in Priyanka Srivastava v. State of Uttar Pradesh (2015) 6 SCC 287 held that such applications should ordinarily be supported by an affidavit and should not be filed casually.
Yes. Where a cognizable offence is disclosed and police authorities have failed to register an FIR, the Magistrate may direct investigation under Section 175(3) BNSS, 2023. However, such power must be exercised judicially — the Magistrate must independently apply his or her mind to the material placed on record and not act mechanically. The Supreme Court in Sakiri Vasu v. State of Uttar Pradesh (2008) 2 SCC 409 emphasised that complainants should ordinarily exhaust statutory remedies (Superintendent of Police, then Magistrate) before invoking the writ jurisdiction of the High Court.
A Non-Cognizable Report (NCR) is the entry made by a police officer when information is received regarding a non-cognizable offence — an offence for which the police cannot arrest without a warrant or investigate without a Magistrate's permission. NCRs are governed by Section 174 BNSS, 2023. Unlike an FIR (which triggers immediate investigation under Section 173 BNSS), an NCR does not automatically commence investigation. The complainant is typically directed to approach a Magistrate. Examples of non-cognizable offences include defamation, certain minor hurt offences, and other offences designated as non-cognizable in the First Schedule of the BNSS, 2023.