In short: Knowing how to file an FIR under the BNSS is the first step to accessing justice in India. Since 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the CrPC and now governs FIR registration under Section 173, giving you stronger rights than before.
Key points
- The BNSS came into force on 1 July 2024, replacing the CrPC. FIR registration is now governed by Section 173 of the BNSS instead of Section 154 of the CrPC.
- You do not need to be the victim or an eyewitness to file an FIR. Any person with knowledge of a cognizable offence can report it.
- You are entitled to a free copy of the FIR immediately after it is registered — this is a statutory right under Section 173(2) of the BNSS.
- The BNSS gives statutory recognition to Zero FIR, letting you register a complaint at any police station regardless of where the offence occurred.
- You can now file an FIR electronically (e-FIR), though you must sign it within three days for registration to be completed.
- For certain offences, police may conduct a preliminary enquiry of up to 14 days before registering the FIR — but only with prior approval from a senior officer.
What law governs FIR registration today?
India overhauled its criminal justice framework on 25 December 2023 when it enacted three new laws: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA).
These three laws became effective on 1 July 2024, repealing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act respectively.
If your case arose on or after 1 July 2024, the BNSS applies to you. Cases that began before that date continue to be tried under the old CrPC framework, as protected by the BNSS savings clause.
How to file an FIR: step by step
Step 1 — Go to any police station
You can report a cognizable offence at any police station in India, even if it is not in the area where the crime took place. This is the principle of Zero FIR and is now a statutory right under the BNSS.
Step 2 — Give information orally or in writing
You may give information about the offence orally or in writing. If you give it orally, the officer must reduce it to writing and read it back to you before you sign it.
You should check the written record carefully before signing. Make sure the facts as you stated them are recorded accurately.
Step 3 — Collect your free copy
Once the FIR is registered, you have a statutory right under Section 173(2) of the BNSS to receive a copy of the information as recorded, immediately (forthwith) and free of charge. Always keep this copy — it is your proof that the complaint was registered.
Can you file an FIR online? Understanding e-FIR
Yes. The BNSS explicitly allows information to be sent electronically. You log into your state police’s official e-FIR portal and submit your complaint online.
The complaint is entered in the e-complaint or e-FIR register and forwarded for initial verification. The officer may then proceed with a preliminary enquiry or investigation within fourteen days.
There is one critical condition: if you send information electronically, you must sign it within three days for the FIR to be formally registered. Do not ignore the signing step.
What is a Zero FIR and why does it matter?
Before the BNSS, police could sometimes refuse to register a complaint on the ground that the offence occurred outside their jurisdiction. Zero FIR removes that barrier.
Under Section 173 of the BNSS, any police station must register your complaint regardless of territorial jurisdiction. The FIR is assigned the number “0” at that station and is then transferred to the police station that actually has jurisdiction, where it is re-registered as a regular FIR and assigned to an investigating officer.
This is especially valuable in emergencies — for example, if you are assaulted in one city but reach a police station in another.
Old law vs. new law: key changes at a glance
| Feature | CrPC (before 1 July 2024) | BNSS (from 1 July 2024) |
|---|---|---|
| Governing section for FIR | Section 154 | Section 173 |
| Zero FIR | Practice; not statutory | Statutory right |
| Electronic / e-FIR filing | Not explicitly provided | Explicitly permitted |
| Preliminary enquiry for certain offences | Not provided (Lalita Kumari ruled mandatory registration) | Permitted for offences carrying 3–7 years imprisonment, with DSP approval, within 14 days |
| Free copy of FIR | Yes | Yes — expressly under Section 173(2) |
Who can file an FIR?
You do not have to be the victim. Any person who has knowledge of a cognizable offence — a witness, a bystander, a relative, or even a police officer who comes to know of the offence — can lodge an FIR.
A police officer can also register an FIR on their own motion if they learn of a cognizable offence, without waiting for anyone to complain.
What is a preliminary enquiry and when can police use it?
The BNSS introduces a limited exception to immediate FIR registration. For cognizable offences punishable with imprisonment of three years or more but less than seven years, the police may — with prior written approval from an officer not below the rank of Deputy Superintendent of Police — conduct a preliminary enquiry before registering the FIR.
This enquiry must be completed within 14 days. Its purpose is to check whether there is a prima facie case to proceed. If the enquiry confirms a cognizable offence, the FIR must be registered. If the complaint is closed after the enquiry, you must receive a copy of the closure entry within one week, along with brief reasons for the closure.
This is a departure from the earlier legal position that required immediate registration of all cognizable offence complaints, so it is important to be aware of it.
What are your rights if police refuse to register your FIR?
The BNSS provides an escalation mechanism if a police officer refuses to register your FIR. The fact sheet does not provide the complete statutory detail of every step in that hierarchy, so rather than risk inaccuracy, we recommend you read the relevant provisions of the BNSS directly on India Code (linked below) or consult a qualified advocate.
For practical guidance on other aspects of your rights in the criminal justice process, visit our Law for You guides at The Courtroom, where we cover topics like bail, trial procedure, and victim rights in plain language.
Frequently asked questions
Can I file an FIR at a police station outside the area where the crime happened?
Yes. Under Section 173 of the BNSS, you can file a Zero FIR at any police station in India, regardless of territorial jurisdiction. The station must register it — numbered “0” — and then transfer it to the police station that has jurisdiction over the area where the offence occurred.
Do I need to be the victim to file an FIR?
No. Any person with knowledge of a cognizable offence can file an FIR — you do not need to be the victim or an eyewitness. A police officer who learns of a cognizable offence can also register an FIR on their own without waiting for a complaint.
If I file an e-FIR, do I need to do anything afterwards?
Yes — this is important. If you send information electronically, you must sign it within three days for the FIR to be formally registered. Missing this deadline can delay or prevent registration. Confirm the signing requirement with your state police portal when you file.
This article is for general information only and is not legal advice. Laws change; verify against the primary sources cited and consult a qualified advocate for your situation.
