In short: Victim rights under BNSS India are stronger than they were under the old CrPC. From the moment you file an FIR, the law guarantees you updates on your case, a voice before prosecution is withdrawn, and the right to challenge a police closure report before a Magistrate.
Key points
- The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the Code of Criminal Procedure (CrPC) from 1 July 2024, introducing explicit protections for victims at every stage of the criminal process.
- You can file a Zero FIR at any police station in India, regardless of where the offence occurred — this is now a statutory right under the BNSS.
- Police are legally required to inform you of investigation progress within 90 days; for sexual offences and POCSO cases, the investigation itself must conclude within two months.
- You have the right to appoint an advocate of your choice to assist the public prosecutor in court, though their role is defined and limited under the BNSS.
- You must be heard before a public prosecutor can withdraw the prosecution against an accused — the court cannot allow withdrawal without giving you that opportunity.
- If the police fail to register an FIR or investigate properly, you can approach the Magistrate directly.
Who counts as a “victim” under the BNSS?
Section 2(1)(y) of the BNSS defines a victim as anyone who has suffered loss or injury because of the act or omission of an accused person. Crucially, the definition also covers the victim’s guardian or legal heir.
This matters because it means that where a victim has died or is incapacitated, a family member can exercise these rights on their behalf. The law recognises that crime does not affect only one individual.
How to register an FIR and what you are entitled to receive
Your right to a Zero FIR
Under Section 173(1) of the BNSS, you can walk into any police station anywhere in India and report a cognisable offence, even if that station has no territorial jurisdiction over where the offence took place. This is known as a Zero FIR.
You can give the information orally or through electronic means such as email or an online portal. If you give it orally, the officer must write it down, read it back to you, and take your signature. If you send it electronically, your signature must be obtained within three days.
Once the FIR is registered, you are entitled to a free copy promptly. Do not leave the station without it — that copy is your proof that the case exists.
Preliminary inquiry for mid-range offences
For offences carrying imprisonment of between three and seven years, the officer in charge may — with prior permission of a Deputy Superintendent of Police — conduct a preliminary inquiry of up to 14 days before formally registering a case. This is meant to establish whether a prima facie case exists. It does not mean your complaint can simply be ignored.
How to track your case: the 90-day rule explained
One of the most significant victim rights under BNSS India is the right to be kept informed. Section 193(3) of the BNSS makes it mandatory — the word “shall” is used — for the police to inform you of investigation progress within 90 days.
The Punjab and Haryana High Court has confirmed this mandatory character, observing that a victim cannot be “shunned aside” after an FIR is registered, as they are a significant stakeholder in the pursuit of justice.
If investigation is not completed within the prescribed period, the investigating officer must record reasons in writing and notify the Magistrate. After a chargesheet is filed, any further investigation must also be completed within 90 days, and any extension beyond that requires the court’s permission.
Faster timelines for sexual offences and POCSO cases
Where the case involves specific sexual offences under the Bharatiya Nyaya Sanhita (BNS) or offences under Sections 4, 6, 8, or 10 of the POCSO Act, 2012, the investigation must be completed within two months from the date on which the information was recorded. This shorter deadline reflects the special urgency and sensitivity of such cases.
| Type of case | Progress update to victim | Investigation deadline |
|---|---|---|
| General cognisable offences | Within 90 days (mandatory) | Within 90 days; extension needs court permission |
| Offences carrying 3–7 years imprisonment | Within 90 days (mandatory) | Preliminary inquiry up to 14 days before FIR registration |
| Sexual offences (specified BNS sections) and POCSO cases | Within 90 days (mandatory) | Two months from date information was recorded |
Your right to an advocate in court
The BNSS allows you to appoint an advocate of your choice. Under Section 338(2), that advocate can assist the public prosecutor during the trial. However, the role is defined: your advocate may submit written submissions, but only after the evidence has been presented.
This means your advocate is not a second prosecutor — they are there to ensure your perspective is placed on record and that nothing material to your interests is missed. Choose someone with experience in criminal matters.
For practical guides on working with lawyers and understanding your procedural rights, visit our Law for You hub, where we break down the criminal justice process in plain language.
How to challenge a closure report
What is a closure report?
When the police investigate and conclude that no offence was made out, or that the accused cannot be traced, they file a report to that effect before the Magistrate. This is sometimes called a final report or closure report. It does not automatically end your case.
Approaching the Magistrate under the BNSS
Section 173(4) of the BNSS empowers you, as a complainant, to approach the Magistrate directly if the police fail to register an FIR or fail to conduct a proper investigation. The Magistrate can then take cognisance of the offence or order further investigation.
When the police file a closure report, you are entitled to be heard before the Magistrate accepts it. You can file a protest petition explaining why the closure is incorrect and asking the Magistrate to take cognisance despite the police report. Courts across India have consistently held that victims have this right, and the BNSS framework reinforces it.
Your right to be heard before prosecution is withdrawn
Section 360 of the BNSS — which corresponds to the old Section 321 of the CrPC — requires that you must be heard before a public prosecutor applies to withdraw from the prosecution of an accused. The court cannot grant such permission without giving you that opportunity.
This is an important safeguard. Withdrawal of prosecution means the accused walks free. The BNSS ensures you cannot be sidelined when that decision is being made.
Frequently asked questions
Can I file an FIR at any police station in India, even if the crime happened elsewhere?
Yes. Zero FIR is a statutory right under Section 173(1) of the BNSS. You can report a cognisable offence at any police station regardless of jurisdiction. You are entitled to a free copy of the FIR once it is registered. The station must then forward the FIR to the appropriate jurisdiction for investigation.
What happens if the police do not update me about my case?
Under Section 193(3) of the BNSS, informing you of investigation progress within 90 days is a mandatory obligation — the Punjab and Haryana High Court has confirmed this. If the police fail to do so, you can bring it to the attention of the Magistrate. Keeping records of all your communications with the police will strengthen your position.
Can I stop a public prosecutor from withdrawing the case against the accused?
You cannot block the withdrawal outright, but Section 360 of the BNSS guarantees you the right to be heard before any withdrawal is allowed. You can appear before the Magistrate, present your objections, and the court must consider them before deciding. You should engage an advocate to represent your interests at that hearing.
Primary sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 — India Code (indiacode.nic.in)
- Bharatiya Nyaya Sanhita, 2023 — India Code (indiacode.nic.in)
- Supreme Court of India — for judgments and orders (sci.gov.in)
Written by Editorial Team, The Courtroom · Last verified 2026-07-09
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.
