In short: If police refuse to register your FIR under BNSS, the law is on your side. Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) makes FIR registration mandatory for cognizable offences. You can escalate to the Superintendent of Police and, if needed, approach a Magistrate — but the process has important changes from the old CrPC you must know.
Key points
- FIR registration for cognizable offences is mandatory under Section 173(1) BNSS, which replaced Section 154 of the CrPC from 1 July 2024. Refusing to register is a violation of the officer’s statutory duty and your fundamental rights under Article 21 of the Constitution.
- You can file a Zero FIR at any police station in India — the BNSS now gives this practice statutory backing for the first time, using the words “irrespective of the area where the offence is committed.”
- You can also report a cognizable offence electronically (e-FIR) under Section 173(1)(ii) BNSS, provided you sign the record within three days.
- You are entitled to a free copy of the FIR — the BNSS widened this right to cover both the informant and the victim, not just the informant as under the old CrPC.
- A new exception under Section 173(3) BNSS allows police to conduct a preliminary enquiry — with senior approval — before registering an FIR for offences punishable with three to seven years’ imprisonment.
- Under BNSS, a Magistrate’s power at the pre-cognizance stage is more limited than it was under the CrPC; the Magistrate must now consider the police’s reasons and hear the accused before ordering an investigation.
What changed when BNSS replaced the CrPC?
India replaced the Code of Criminal Procedure (CrPC) with the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, effective 1 July 2024. The Indian Penal Code became the Bharatiya Nyaya Sanhita (BNS) and the Indian Evidence Act became the Bharatiya Sakshya Adhiniyam (BSA) on the same date.
For FIRs, the governing provision shifted from Section 154 CrPC to Section 173 BNSS. Most core rights survived the transition, but several significant changes — some expanding your rights, some narrowing the court’s power — are buried in the new text.
| Feature | Old law (CrPC) | New law (BNSS 2023) |
|---|---|---|
| Governing section | Section 154 CrPC | Section 173 BNSS |
| FIR registration for cognizable offences | Mandatory | Mandatory (Section 173(1)) |
| Zero FIR | Judge-made practice (not in the statute) | Statutory right under Section 173(1) |
| e-FIR (electronic complaint) | Not explicitly provided | Recognised under Section 173(1)(ii); must be signed within 3 days |
| Free copy of FIR | Informant only | Informant and victim |
| Preliminary enquiry before FIR | Supreme Court guideline (Lalita Kumari) | Statutory exception for 3–7 year offences under Section 173(3), requires DSP-level approval |
| Magistrate’s power on refusal | Broader power to order investigation | Limited — must consider police reasons and hear accused before ordering investigation (Sections 175(3), 210, 223) |
When is an FIR mandatory — and when can police wait?
The general rule: register immediately
Section 173(1) BNSS is unambiguous. The moment a police officer receives information about a cognizable offence, registration is mandatory. There is no discretion. A refusal amounts to a violation of statutory duty, can lead to disciplinary action against the officer, and is treated as an obstruction of justice and a violation of your rights under Article 21 of the Constitution.
The new exception: offences punishable with 3–7 years
Section 173(3) BNSS carves out a limited exception. For cognizable offences punishable with imprisonment of three years or more but less than seven years, the police may conduct a preliminary enquiry before registering the FIR — but only with prior approval from an officer of at least the rank of Deputy Superintendent of Police (DSP), and only after considering the nature and gravity of the offence.
This is a departure from the Supreme Court’s earlier Lalita Kumari guidelines. If you are making a complaint about such an offence and the police invoke this provision without proper authority, that itself can be challenged.
What is a Zero FIR, and how does it help you?
A Zero FIR is an FIR registered at a police station that does not have territorial jurisdiction over the place where the offence occurred. Under the old system, this was a practice developed by courts. Under BNSS, it is now a statutory right.
Section 173(1) BNSS explicitly uses the words “irrespective of the area where the offence is committed.” This means no officer can turn you away saying the crime did not happen in their area. The station records the FIR with serial number “0” and then transfers it to the station with proper jurisdiction, where it is re-registered as a regular FIR.
This is especially useful in cases of crimes against women, crimes committed while travelling, or any situation where you are far from home and need immediate police action.
Can you file an FIR online under BNSS?
Yes. Section 173(1)(ii) BNSS formally recognises e-FIRs. You can give information about a cognizable offence through electronic communication. The police must take it on record. The one condition is that you must sign the record within three days of submitting it electronically. If you fail to sign within three days, follow up with the station to ensure the complaint is not treated as unsigned and therefore invalid.
What are your step-by-step remedies if police refuse your FIR?
Step 1: Demand a written refusal
Ask the officer in charge to explain the refusal in writing. Many refusals dissolve at this stage because officers know a written refusal creates an official record of their default.
Step 2: Complain to the Superintendent of Police (SP)
Section 173(4) BNSS gives you a direct statutory remedy. You can send the substance of your complaint, in writing and by post, to the Superintendent of Police of that district. If the SP is satisfied that the information discloses a cognizable offence, they must either investigate the case personally or direct a subordinate officer to investigate. This is not a discretionary power — it is a duty cast on the SP.
Step 3: Approach the Magistrate under Section 175(3) BNSS
If the SP’s intervention does not result in registration, Section 173(4) BNSS also allows you to file an application before the jurisdictional Magistrate under Section 175(3) BNSS. However, be aware of a critical change from the CrPC.
Under the BNSS, the Magistrate’s power at the pre-cognizance stage is significantly more limited than it was before. The Magistrate cannot simply order an investigation. Before doing so, the Magistrate must consider the reasons the police gave for not registering the FIR, and must also hear the accused persons. This pre-cognizance hearing for the accused is entirely new to Indian criminal law and did not exist under the CrPC.
This means approaching the Magistrate under BNSS is a more involved process than it was under the old law. Getting legal advice before this step is strongly recommended. You can find plain-language guides to criminal procedure and related rights in our Law for You hub.
Your right to a free copy of the FIR
Once an FIR is registered, you are entitled to a free copy. Under the CrPC, this right belonged only to the informant — the person who lodged the complaint. The BNSS has expanded this: under Section 173(2), a free copy must be given to both the informant and the victim. If you are the victim but someone else filed the complaint, you are now independently entitled to your own copy.
Frequently asked questions
Can police refuse to register my FIR if the crime did not happen in their area?
No. Under Section 173(1) BNSS, a police station must register your FIR “irrespective of the area where the offence is committed.” This is called a Zero FIR. It is registered with serial number 0 and then transferred to the station with proper jurisdiction. Refusing on grounds of territorial jurisdiction is a violation of your statutory rights under BNSS.
What is the difference between the SP remedy and the Magistrate remedy under BNSS?
Section 173(4) BNSS gives you two options. First, you can write to the Superintendent of Police, who is obliged to investigate or direct an investigation if the complaint discloses a cognizable offence. Second, if that does not work, you can apply to the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate route under BNSS is more restricted than under the old CrPC — the Magistrate must consider the police’s reasons for refusal and hear the accused before ordering any investigation.
Can police delay registering my FIR by conducting a preliminary enquiry?
Only in a specific and limited situation. Section 173(3) BNSS allows a preliminary enquiry before FIR registration — but only for cognizable offences punishable with three years or more but less than seven years of imprisonment, and only with prior written approval from an officer of at least Deputy Superintendent of Police rank. For all other cognizable offences, registration remains immediately mandatory under Section 173(1) BNSS. If police invoke a preliminary enquiry without proper authority, the delay itself can be challenged.
Primary sources
- Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 — full text on India Code (indiacode.nic.in)
- Bharatiya Nyaya Sanhita (BNS) 2023 and Bharatiya Sakshya Adhiniyam (BSA) 2023 — full texts on India Code (indiacode.nic.in)
- Supreme Court of India — judgments and constitutional bench decisions (sci.gov.in)
Written by Editorial Team, The Courtroom · Last verified 2026-07-14
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.
