Understanding the Impact and Process of First Information Reports in Criminal Justice

When a crime occurs, one of the first and most critical steps in the criminal justice process is the filing of a First Information Report (FIR). It is the document that formally sets the machinery of criminal law into motion – without it, the police cannot begin an investigation, the courts cannot be approached through the normal channel, and the victim risks losing the earliest, most credible account of what happened. Yet despite its importance, many people are unclear about what an FIR actually is, who can file one, how to do it correctly, and what happens after. This post breaks it all down.

What is an FIR? 🔗

An FIR is the written record of the first information received by the police about the commission of a cognizable offence – that is, an offence for which the police can make an arrest without a warrant. The term “FIR” does not appear in the statute itself, but in police regulations and practice, the information recorded under Section 154 of the Code of Criminal Procedure, 1973 (CrPC) has always been referred to as the FIR. With the new criminal laws coming into force from 1st July 2024, the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and FIR registration is now governed by Section 173 of the BNSS.

It is important to understand what an FIR is not: it is not a detailed charge sheet, it is not a final judgment of guilt, and it does not need to contain every single fact about the crime. An FIR is intended to initiate the criminal justice system, not to provide a fully detailed account. Its purpose is simply to put the earliest version of events on record and trigger a formal investigation.

Who can file an FIR? 🔗

This is one of the most commonly misunderstood aspects of FIRs. The law does not restrict filing to the victim alone. Any citizen – whether a victim, a witness, or even a person with secondhand knowledge of the offence – has the right to set the machinery of criminal law in motion. The informant does not even need to have personal knowledge of the incident. Even an anonymous letter reporting a cognizable offence can, in certain cases, be treated as an FIR.

There are limited exceptions: FIRs cannot be filed by just anyone in cases involving certain offences like matrimonial disputes under specific provisions or defamation cases, where only the aggrieved party has the locus standi to complain. But for most cognizable offences – theft, robbery, assault, murder, rape – any person aware of the crime can walk into a police station and file an FIR.

The dual purpose of an FIR 🔗

An FIR serves two foundational roles in the criminal justice system:

1. Initiating the police investigation: Once an FIR disclosing a cognizable offence is registered, the police are legally obligated to investigate. They do not need prior permission from a magistrate to begin. The primary objective of registering an FIR is to set the criminal law in motion and gather information about the alleged criminal activity. In the landmark ruling of Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court made it unequivocally clear that registration of an FIR is mandatory when the information received discloses a cognizable offence.

2. Preserving the earliest account of the crime: The FIR captures the informant’s version of events at the earliest possible moment, before memory fades or accounts are influenced. The Parliament added sub-section (2) to Section 154 CrPC – now reflected in BNSS – specifically to preserve the earliest version made by the informant from claims of tampering and to protect it from subsequent changes or additions. This makes it a vital document for both the prosecution and the defence.

How to file an FIR: step-by-step 🔗

Filing an FIR is a straightforward process, though accuracy and timeliness are critical.

Step 1: Visit the police station 🔗

Go to the police station that has territorial jurisdiction over the area where the offence was committed. However, this is no longer a hard requirement. Under Section 173(1) of the BNSS, information about a cognizable offence can be given at any police station, irrespective of where the offence occurred – this is what is called a Zero FIR.

Step 2: Give the information orally or in writing 🔗

You can narrate the facts of the offence to the officer-in-charge of the police station, either verbally or in writing. If given orally, the officer is legally required to reduce it to writing. The written statement must then be read back to the informant for verification. The informant must sign the final written record. A free copy of the information as recorded must be given to the informant immediately.

Step 3: Ensure the FIR contains all essential details 🔗

While the FIR does not need to be exhaustive, it must include the following:

• The complainant’s name and address
• Date, time, and place of the offence
• A clear description of what occurred
• Identity or description of the accused (if known)
• Names and details of witnesses (if any)
• The relevant sections of law under which the offence is alleged

Accuracy is essential – timely filing of an FIR helps preserve vital evidence and eyewitness accounts. While delay is not automatically fatal to a case, it can raise suspicions and affect the credibility of the complaint.

Step 4: E-FIR (the new option under BNSS) 🔗

A significant development under the BNSS is the formal recognition of e-FIR. Citizens can now file an FIR through oral or electronic communication, irrespective of the area where the crime occurred. If submitted electronically, the complainant must sign the physical copy within three days for it to be formally registered. This provision is part of a broader effort to leverage technology and make crime reporting more accessible and citizen-friendly.

The FIR format: what it looks like officially 🔗

The standard FIR form – designated as Form IF-1 and used under Section 154 CrPC / Section 173 BNSS – captures the following structured information:

• District, police station, year, FIR number, and date
• Applicable Acts and sections of law
• Date, time, and day of the offence
• Time the information was received at the police station
• General Diary reference entry
• Description of the offence and the accused
• Complainant’s details and signature

The officer in charge enters the substance of the FIR in the official station record book (General Diary) and assigns it a serial number. A Zero FIR, by contrast, is temporarily assigned the number “0” before being transferred to the jurisdictionally appropriate station for re-registration.

What if the police refuse to register your FIR? 🔗

The police are legally bound to register an FIR when a cognizable offence is disclosed. Refusal is unlawful and actionable. If the FIR is not registered, there are clear escalation steps available:

First, the complainant can send a written complaint to the Superintendent of Police (SP) under Section 175(3) of the BNSS (previously Section 154(3) CrPC). If the SP is satisfied that a cognizable offence is disclosed, they must either investigate or direct a subordinate officer to do so. If even this does not yield a result, the complainant can approach the Magistrate under Section 175(3) BNSS (formerly Section 156(3) CrPC), who can direct the police to register and investigate. As a further option, a complaint under Section 223 BNSS (formerly Section 200 CrPC) can be filed directly before a Magistrate. Under the BNSS, a police officer who refuses to register a Zero FIR for a cognizable offence may face rigorous imprisonment of not less than six months, extendable up to two years, along with a fine.

What happens after the FIR is filed? 🔗

Once the FIR is registered, the investigation formally begins. The investigating officer collects evidence, records statements of witnesses, conducts searches and seizures, and may arrest the accused. Under Section 193(3)(ii) of the BNSS, the police are now mandated to inform the victim of the progress of the investigation within 90 days – a major victim-centric reform introduced by the new law. After investigation, the officer submits a report (chargesheet or final report) to the Magistrate, which determines whether the case goes to trial.

The evidentiary value of an FIR at trial 🔗

This is where many people have misconceptions. An FIR is not a piece of substantive evidence. It cannot, on its own, prove that the accused committed the offence. It is a well-settled principle of law that an FIR does not carry independent probative value and cannot be used as evidence of the truth of its contents.

Its evidentiary role is specifically limited to corroborating or contradicting the informant’s testimony at trial. If the informant testifies before the court, the FIR can be used to show consistency (corroboration) or inconsistency (contradiction) with what they had stated earlier. Nothing more.

There is one important exception: if the informant has died, and the FIR records the circumstances or cause of death, it may be admissible as a dying declaration under Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) – and in that case, it can be treated as substantive evidence. Outside of this exception, the FIR remains a foundational procedural document, not direct proof of guilt or innocence.

Key reforms under the BNSS, 2023 🔗

The BNSS has introduced several significant changes to FIR law that are worth noting:

Zero FIR (statutory recognition): Zero FIR has now been given statutory recognition under Section 173 of the BNSS, allowing any person to register a complaint at any police station regardless of where the offence occurred. The FIR is temporarily numbered “0” and then transferred to the jurisdictionally appropriate station.

E-FIR: Electronic filing of FIRs is now formally recognized under Section 173(1) BNSS, with the complainant required to sign the physical record within three days.

Preliminary inquiry for mid-range offences: For cognizable offences punishable between three and seven years, the officer-in-charge may, with prior approval from an officer of at least Deputy Superintendent of Police rank, conduct a preliminary enquiry within 14 days before registering a full FIR. This does not apply to more serious offences above seven years, where registration remains mandatory and immediate.

Special protections for vulnerable complainants: When the informant is a woman alleging offences of sexual assault or harassment, the FIR must be recorded by a woman police officer. When the complainant is mentally or physically disabled, the information must be recorded at the complainant’s home or a place of their choosing, with an interpreter or special educator present, and the process must be videographed.

What do you think? Given that an FIR’s evidentiary value is limited to corroborating or contradicting the informant’s testimony, do you think courts should consider expanding its evidentiary scope – especially in cases where the informant is unavailable to testify? And with the BNSS now permitting a preliminary inquiry before registering an FIR for offences punishable between three and seven years, does this exception risk becoming a loophole that delays justice for complainants?

References

1. https://www.drishtiias.com/daily-news-analysis/first-information-report-fir
2. https://blog.ipleaders.in/section-154-crpc/
3. https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/first-information-report-fir
4. https://legalstixlawschool.com/blog/Understanding-the-First-Information-Report-(FIR)-under-Section-154-of-CrPC
5. https://www.legalindia.com/section-154-crpc/
6. https://lawforeverything.com/section-154-crpc-meaning/
7. https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2030768
8. https://police.py.gov.in/Police%20manual/Forms%20pdf/FORM%20IF%201.pdf
9. https://lawsforum.com/du-llb/semester-2/crpc-law-of-crimes-2/fir-section154-to-176-of-crpc-answer-writing/
10. https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/zero-fir-under-bharatiya-nagarik-suraksha-sanhita-2023-bnss
11. https://www.legalbites.in/bharatiya-nagarik-suraksha-sanhita/evidentiary-value-of-fir-statements-made-to-police-and-magistrates-under-bnss-2023-1158941
12. https://www.drishtijudiciary.com/current-affairs/section-173-of-bnss