Step-by-Step Guide to Lodging an FIR: Empowering Citizens

Most people know they should “file an FIR” when a crime occurs – but very few actually know how. What do you say? Where exactly do you go? What if the police refuse to register your complaint? And did you know there are multiple legal routes beyond just walking into a police station? With India’s new criminal procedural law – the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – which replaced the old CrPC and came into force on 1 July 2024, the FIR process has been significantly updated. This guide walks you through each step and each route, so you know exactly what to do and what rights you hold.

What is an FIR, and when can it be filed? 🔗

A First Information Report (FIR) is the formal written record of information received by the police about the commission of a cognizable offence – a crime for which police can arrest without a warrant. Murder, rape, robbery, kidnapping, and theft fall in this category. The FIR is what sets the entire machinery of criminal investigation in motion.

Under the BNSS, Section 173 governs FIR registration, replacing the earlier Section 154 of the CrPC. It is important to note that an FIR can only be lodged for a cognizable offence. For non-cognizable offences like defamation or cheating, the complaint must instead be filed directly before a Magistrate, who then directs police action.

Who can file an FIR? Anyone – the victim, an eyewitness, a third party, or even a police officer who learns of the commission of a cognizable offence. You do not need to be personally affected by the crime to report it.

Step-by-step: lodging an FIR at the police station 🔗

The most straightforward route is walking into the nearest police station. Here is how it works:

Step 1: Approach the officer in charge 🔗

Go to the police station and ask for the duty officer or the Station House Officer (SHO). You will narrate the details of the offence – either orally or in writing. If you give the information orally, the officer is legally required to write it down and read it back to you for confirmation before you sign it. If you submit a written complaint, ask the officer to stamp both copies – one will be returned to you with a Daily Diary (DD) number, which is proof your complaint was received.

Step 2: Provide all relevant details 🔗

The FIR should contain your name, address, and contact information; the date, time, and location of the incident; the nature of the offence; names or descriptions of the accused (if unknown, write “unknown”); and any witnesses or evidence. It is not mandatory to have complete information at this stage – the FIR is not expected to be an encyclopedia of the case. What matters is that you share whatever you know accurately.

Step 3: Verify and sign 🔗

Once the officer has recorded the information, it will be read aloud to you. Verify every detail carefully – the date, time, nature of offence, and identity of the accused. Only sign (or put your thumb impression, if you cannot write) after you are satisfied that the record is accurate. Do not sign a blank or partially filled form under any circumstances.

Step 4: Collect your free copy 🔗

Under Section 173(2) of the BNSS, a copy of the registered FIR must be given to you immediately, free of cost. Note down the FIR number, the date, and the name of the police station. This copy is your legal record and can be used to track the investigation.

What is a Zero FIR – and why it matters 🔗

One of the most citizen-friendly reforms introduced by the BNSS is the statutory recognition of the Zero FIR. Prior to this, if you reported a crime at a police station outside the area where it occurred, the station could refuse to register it on jurisdictional grounds, causing delays and hardship.

Now, under Section 173(1) BNSS, every police station is obligated to register a cognizable offence irrespective of where the crime occurred. This is logged as a Zero FIR – prefixed with ‘0’ – and then transferred to the jurisdictional police station for investigation. The complainant receives a free copy at the time of registration itself. This is especially valuable in emergencies, accidents, or crimes that occur while travelling.

Filing an e-FIR: the digital route 🔗

The BNSS has also formalized electronic FIR (e-FIR) registration under Section 173(1), making it possible to report a cognizable offence through electronic communication – including state police portals and apps – without visiting a police station. The BNSS requires that the informant’s physical or digital signature be obtained within three days of filing the e-FIR to formally authenticate it.

Most states now have their own online FIR portals. You typically need to create an account, fill in the details of the incident, upload supporting evidence if available, and submit. After submission, a reference number is generated for tracking. The information required includes personal details, nature of the crime, date, time, location, and details of any suspects. While online FIRs are legally valid, they are usually followed up with a formal statement at the police station.

Lodging FIR by post 🔗

If you are unable to visit the police station – due to physical inability, fear, or geographical constraints – you can send your complaint by registered post to the SHO of the concerned police station. This is a legally recognised mode of communication. The SHO is duty-bound to register the FIR based on the postal complaint if it discloses a cognizable offence. Keep the postal acknowledgment receipt carefully, as it serves as evidence that the complaint was sent and received. Under the BNSS framework, a complaint sent electronically (email) to a senior officer or DGP can also be treated as a valid communication initiating the FIR process, as upheld by courts including the Kerala High Court in a case where a complaint sent via email from abroad was held valid under Section 173 BNSS.

What if the police refuse to register the FIR? 🔗

Police refusal to register an FIR for a cognizable offence is illegal. If it happens, citizens have a structured escalation path under the BNSS.

Step 1: Approach the Superintendent of Police (SP) 🔗

Under Section 173(4) of BNSS, if the SHO refuses to register an FIR, the complainant can write to the Superintendent of Police with a copy of the original complaint. If the SP is satisfied that a cognizable offence is disclosed, they may either investigate the matter personally or direct a subordinate officer to register the FIR and begin investigation.

Step 2: Approach the Magistrate under Section 175(3) BNSS 🔗

If the SP also fails to act, the next step is to file a sworn application before the jurisdictional Magistrate under Section 175(3) of the BNSS. This provision replaces the old Section 156(3) CrPC. Under the BNSS, this application must be accompanied by a mandatory affidavit, and proof that the complainant first tried the SP route must be attached. The Magistrate, after hearing the concerned police officer, can direct the registration of an FIR and order a monitored investigation. The Supreme Court, in recent rulings, has also clarified that a complainant must ordinarily exhaust the police remedies before approaching the Magistrate under this provision.

Step 3: File a writ petition in the High Court 🔗

If judicial intervention through the Magistrate does not yield results, the complainant can file a writ petition in the relevant High Court seeking a writ of mandamus to direct the police to register the FIR. Additionally, complaints can be filed with the National Human Rights Commission (NHRC) or the State Human Rights Commission if police inaction amounts to a violation of fundamental rights.

Special provisions: preliminary enquiry for certain offences 🔗

Not all cognizable offences require immediate FIR registration. Under the BNSS, for offences punishable with imprisonment between three and seven years, the police may conduct a preliminary enquiry – with prior approval from a Deputy Superintendent of Police (DSP) – before registering a full FIR. This enquiry must be completed within 14 days and is intended to filter out frivolous complaints. For serious offences like murder or rape, no such preliminary enquiry is permitted and the FIR must be registered immediately.

Your rights as a complainant: a summary 🔗

Understanding your rights is as important as knowing the procedure. As a complainant, you are entitled to:

• A free copy of the FIR immediately after registration, under Section 173(2) BNSS.
• Right to verification – the information recorded must be read back to you, and you may correct any inaccuracies before signing.
• Right to electronic reporting – you can file an e-FIR through state portals and authenticate it within three days.
• Right to escalate – if the FIR is refused, you can approach the SP, the Magistrate, the High Court, or a human rights commission.
• Right to legal counsel – you can seek legal advice or have a lawyer assist you at any stage of the process.
• Special protection for women – for offences against women under specific sections of the Bharatiya Nyaya Sanhita (BNS), information must be recorded by a female police officer and the woman’s statement may be recorded at her residence.

A few important cautions 🔗

File an FIR promptly. There is no fixed limitation period for filing an FIR, but an unexplained delay can weaken the credibility of your complaint in court. Additionally, filing a false FIR is a punishable offence – providing false information to a public servant can attract imprisonment of up to six months, and malicious false complaints can lead to a two-year sentence. Always double-check every fact before signing. Once registered, the contents of an FIR cannot be altered.

The landmark Supreme Court ruling in Lalita Kumari v. Government of Uttar Pradesh (2014) established that registration of an FIR for a cognizable offence is mandatory – it is not a matter of police discretion. The BNSS has now codified and strengthened this principle, making the process more transparent, accessible, and citizen-centric than ever before.

What do you think? Given that citizens now have multiple routes to lodge an FIR – in person, online, by post, or through the Magistrate – do you think awareness of these options is sufficient among ordinary people in India? And with the BNSS’s new mandatory affidavit requirement before a Magistrate can direct FIR registration, does this procedural safeguard protect citizens from abuse, or does it place an unfair burden on genuine complainants?

References

1. https://www.indiacode.nic.in/handle/123456789/20099
2. https://www.drishtijudiciary.com/current-affairs/section-173-of-bnss
3. https://www.legalserviceindia.com/legal/article-1329-how-to-file-an-fir.html
4. https://restthecase.com/knowledge-bank/how-do-i-file-an-f-i-r-first-information-report
5. https://bprd.nic.in/uploads/pdf/SOP_on_Zero_FIR%20&%20eFIR%20-%20NCL%202023.pdf
6. https://lawipandmore.in/2025/07/02/understanding-zero-fir-under-bnss-section-173/
7. https://blog.ipleaders.in/fir-registration-under-bharatiya-nagarik-suraksha-sahita/
8. https://delhi-lawyers.in/how-file-fir-digitally
9. https://www.lawweb.in/2025/07/kerala-hc-us-173-of-bnss-zero-firs-can.html
10. https://www.indialawoffices.com/legal-articles/first-information-report-fir
11. https://qualegalindia.com/judicial-scrutiny-fir-registration-bnss-vs-crpc.html
12. http://nhrc.nic.in
13. https://kapildixitco.com/filing-fir-india-procedure-rights-legal-advice/
14. https://pinklegal.in/topics/police/fir.html