In short: When you search for a BNSS Section 173 closure report protest, you are really looking at two provisions. BNSS Section 173 governs FIR registration; the closure report itself is filed under BNSS Section 193, which replaced old Section 173 of the CrPC. Together, these sections give you the right to be informed, to object, and to ask a Magistrate to take cognizance even when police say there is no case.
Key points
- The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the Code of Criminal Procedure (CrPC), 1973 on 1 July 2024, renumbering many familiar provisions. What was Section 173 CrPC (police report on completion of investigation) is now Section 193 BNSS. What was Section 154 CrPC (FIR registration) is now Section 173 BNSS.
- Under Section 173(2) BNSS, if you lodged the complaint, you are entitled to a free copy of the FIR immediately — no questions asked.
- A closure report is formally prepared under Section 189 BNSS when the investigating officer concludes there is insufficient evidence to send an accused to a Magistrate.
- Section 193 BNSS requires every investigation to be completed without unnecessary delay; sexual offence investigations covered by specified BNS and POCSO provisions must be completed within two months of information being recorded.
- If the police refuse to register your FIR at all, Section 173(4) BNSS lets you write directly to the Superintendent of Police, who can direct registration and investigation if a cognizable offence is disclosed.
- A preliminary inquiry into cognizable offences punishable with three or more but less than seven years of imprisonment must be completed within 14 days under Section 173(3) BNSS.
Why the section numbers cause confusion
If you grew up reading about criminal law under the old CrPC, you likely associated “Section 173” with the police report filed at the end of an investigation. That is a reasonable instinct — but it no longer matches current law.
Since 1 July 2024, the BNSS has reshuffled the numbering. The table below summarises the critical mapping so you can read court orders and police documents without getting lost.
| Subject | Old CrPC section | New BNSS section (from 1 July 2024) |
|---|---|---|
| FIR registration for cognizable offences | Section 154 | Section 173 |
| Police report on completion of investigation (incl. closure report) | Section 173 | Section 193 |
| Closure/final report preparation (insufficient evidence) | Related to Section 173 CrPC process | Section 189 BNSS (preparation) + Section 193 BNSS (forwarding) |
Keeping this table handy will help you read any police document or court order issued after 1 July 2024 correctly.
What is a closure report and when does police file one?
A closure report — sometimes called a final report — is the document an investigating officer prepares when the investigation is complete but the evidence is not enough to prosecute anyone.
Under BNSS Section 189, the officer in charge of a police station prepares this report when the officer is satisfied that there are insufficient grounds to forward an accused to a Magistrate. In practical terms, police may conclude that no offence was committed, that the accused cannot be identified, or that the evidence simply does not support a charge.
Section 193(1) BNSS makes clear that every investigation must be completed without unnecessary delay. This is not merely aspirational — delays can be challenged before a court.
The two-month deadline for the most serious offences
For investigations into certain sexual offences listed in the BNS (including Sections 64, 65, 66, 67, 68, 70, and 71) and offences under Sections 4, 6, 8, and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 193(2) BNSS sets a firm deadline: investigation must be completed within two months of the date the information was recorded.
This deadline exists to protect survivors from prolonged uncertainty and to prevent evidence from going stale.
Your rights when the police file a closure report
The right to be informed
Section 193(3) BNSS requires the officer in charge to forward a detailed report to the Magistrate. As the person who originally reported the crime, you have a right to know when this report is filed. If you are not being kept informed, you can seek this information from the police station or from the Magistrate’s court where the matter is pending.
The right to protest: challenging the closure report in court
When a Magistrate receives a closure report, the Magistrate does not have to accept it automatically. As the informant or complainant, you can file what is commonly called a protest petition — a written objection asking the Magistrate to reject the closure report and either take cognizance of the offence or direct further investigation.
Your protest petition should clearly explain why you believe the investigation was incomplete or the conclusions were wrong, and it should attach any supporting documents or witness details you have.
The Magistrate may then take cognizance on the basis of your complaint, order further investigation, or accept the closure report. This judicial check is one of the most important safeguards in Indian criminal procedure.
What if police refused to file an FIR in the first place?
If the problem starts even earlier — with a refusal to register an FIR — Section 173(4) BNSS gives you a direct remedy. You can send a written complaint to the Superintendent of Police. If the SP is satisfied that a cognizable offence is disclosed, the SP can either investigate the matter personally or direct another officer to investigate.
Separately, Section 173(1) BNSS now allows you to give information about a cognizable offence electronically — a significant new right that was not available under the old CrPC. This means you can report crimes through authorised electronic channels, which creates a written record and makes it harder for a station to claim it never received your complaint.
Zero FIR: report at any police station
Section 173 BNSS also gives statutory recognition to the Zero FIR, meaning you can register an FIR at any police station regardless of where the offence took place. The station that receives your complaint must register it and then transfer it to the appropriate station. This prevents victims from being turned away on jurisdictional grounds.
For a broader overview of your rights at every stage of a criminal case — from FIR to trial — see our Law for You guides, which explain the law in plain language for every step of the process.
Step-by-step: what to do if police close your case
Step 1 — Confirm the closure report has been filed
Contact the police station or visit the Magistrate’s court where your case is being heard. Ask whether a final report under Section 193 BNSS has been submitted.
Step 2 — Obtain a copy
As the informant, you have the right to access information about the report. Request a copy from the police or from the court record.
Step 3 — File a protest petition before the Magistrate
Draft a written protest petition explaining why the investigation was inadequate. Attach relevant documents and witness information. File it in the Magistrate’s court before the Magistrate takes a decision on the closure report.
Step 4 — Attend the hearing
The Magistrate will consider both the police report and your protest petition. You may be heard. The Magistrate can take cognizance, order further investigation, or accept the closure. Having a lawyer at this stage is strongly advisable.
Frequently asked questions
Is a BNSS Section 173 closure report protest actually filed under Section 173 or Section 193?
The closure report itself is governed by BNSS Section 189 (preparation) and Section 193 (forwarding to the Magistrate). BNSS Section 173 deals with FIR registration. The confusion arises because under the old CrPC, the investigation completion report was called the “Section 173 report.” In current law, the correct provision is Section 193 BNSS. Your protest petition is filed before the Magistrate in response to the Section 193 report.
How long does police have to complete an investigation under BNSS?
Section 193(1) BNSS requires investigations to be completed without unnecessary delay. For sexual offences listed under specific BNS sections and under Sections 4, 6, 8, and 10 of the POCSO Act, Section 193(2) sets a strict two-month deadline from the date the information was recorded. For other offences, no single universal deadline is fixed in the provision itself, but courts can intervene if delay is unreasonable.
Can I file an FIR electronically under the BNSS?
Yes. Section 173(1) BNSS specifically allows information about a cognizable offence to be given to a police station officer by electronic communication. This was not available under the old CrPC. You can also lodge a Zero FIR at any police station regardless of the place where the offence occurred, and that station must register and transfer it to the appropriate jurisdiction.
Primary sources
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — India Code (indiacode.nic.in): the authoritative text of Sections 173, 189, and 193 BNSS.
- Bharatiya Nyaya Sanhita (BNS), 2023 — India Code: the substantive criminal law replacing the IPC, relevant for identifying scheduled sexual offences.
- Supreme Court of India (sci.gov.in): for authoritative judgments on protest petitions, closure reports, and Magistrate cognizance under the new legislation.
Written by Editorial Team, The Courtroom · Reviewed by Advocate [Name] · Published 2026-07-13 · Last verified 2026-07-13
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.
