What an FIR is
A First Information Report (FIR) is the written record police make when they receive information about a cognizable offence, meaning a serious offence where police can arrest without a warrant and start investigating without a court's permission. Theft, robbery, assault causing hurt, cheating, rape, murder and dowry harassment are all cognizable.
Since 1 July 2024, FIRs are governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the CrPC.
The key rule: if your information discloses a cognizable offence, the police must register an FIR. The Supreme Court made this mandatory in Lalita Kumari v. Government of U.P. (2013).
How to file an FIR, step by step
- Go to the police station. Ideally the one with jurisdiction over where the offence happened. If that's not possible, any station will do (see Zero FIR below).
- Tell the officer what happened, orally or in writing. Include who, what, when, where, and any witnesses. Stick to facts you know.
- Have it read back to you. If you gave information orally, the officer must write it down and read it over to you (BNSS s.173(1)).
- Check and sign. Only sign once it accurately records what you said. Don't sign a blank or incomplete form.
- Take your free copy. You are entitled to a copy of the FIR free of cost, immediately (s.173(2)). Note the FIR number, date and police station.
If the victim is a woman reporting certain sexual offences, the information must be recorded by a woman police officer. If she is temporarily or permanently disabled, it can be recorded at her home or a place of her choice, in the presence of an interpreter or special educator where needed.
Zero FIR and e-FIR
Zero FIR
The BNSS now says expressly that information can be given to a police station irrespective of where the offence was committed. That station registers it as a "Zero FIR" and transfers it to the station with jurisdiction. You don't have to travel to another city or district to report a crime.
e-FIR (filing electronically)
Information can also be given by electronic communication. It is recorded once the person giving it signs within three days. Many states let you file e-FIRs for certain offences, such as vehicle or mobile theft, through the state police website or the citizen services app.
If the police refuse to register your FIR
- Write to the Superintendent of Police (SP) or Deputy Commissioner of Police. Send your complaint in writing, by post and email if possible. If satisfied that a cognizable offence is disclosed, the SP must investigate or direct an investigation (s.173(4)).
- Approach the Magistrate. If the SP doesn't act, file an application before the Judicial Magistrate under s.175(3) BNSS (old CrPC s.156(3)). The Magistrate can order the police to investigate. You'll need to attach your application to the SP, along with an affidavit.
- Complain about the officer. A public servant who fails to record information about certain serious offences against women can be prosecuted.
Preliminary enquiry exception: for offences punishable with 3 to 7 years' imprisonment, an officer may, with permission from a Deputy SP-rank officer, conduct a preliminary enquiry for up to 14 days to see whether there is a prima facie case before registering (s.173(3)).
What happens after an FIR is registered
- Police investigate: they visit the scene, record statements (s.180) and collect evidence.
- Police must inform the informant or victim of the progress of the investigation, including by electronic means, within 90 days.
- At the end, police file a police report (chargesheet) under s.193, or a closure report if they find no case. If a closure report is filed, you have the right to be heard and to file a protest petition before the Magistrate.
Non-cognizable offences
For non-cognizable offences, such as simple defamation, the police record the substance in a register, refer you to the Magistrate (s.174), and cannot investigate without the Magistrate's order. You can also file a private complaint directly before the Magistrate (s.223).
Frequently asked questions
Is there a fee to file an FIR?
No. Registering an FIR and getting a copy are both free.
Can I file an FIR at any police station?
Yes. Under BNSS Section 173 you can report a cognizable offence at any police station regardless of where it happened. It will be registered as a Zero FIR and transferred to the right station.
Can I file an FIR online?
Yes. BNSS allows information by electronic communication, and it is taken on record once you sign it within three days. Check your state police website for the e-FIR service.
What if the police refuse to register my FIR?
Send a written complaint to the Superintendent of Police under Section 173(4) BNSS. If that fails, apply to the Judicial Magistrate under Section 175(3) BNSS for a direction to investigate.
Can I be punished for a false FIR?
Yes. Knowingly giving false information to the police, or making a false charge of an offence, is itself a criminal offence under the Bharatiya Nyaya Sanhita.