Initiating Criminal Investigations: FIR and Police Duties

Every criminal case in India begins at a single point – the moment someone walks into a police station and reports a crime. That report, the First Information Report (FIR), is not merely paperwork. It is the legal ignition switch that sets the entire criminal justice machinery into motion. Understanding how this process works – who can file an FIR, what the police must do, and why the nature of the offence matters so much – is essential knowledge for anyone serious about engaging with the criminal justice system in India.

What is an FIR and why does it matter? 🔗

An FIR is the initial information given to the police about the commission of a cognizable offence. It typically records the nature of the offence, the time and place of occurrence, details of the accused and witnesses, and any evidence available at the scene. Interestingly, neither the old Code of Criminal Procedure (CrPC), 1973, nor the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, formally defines the term “FIR”. Its meaning has been developed through judicial interpretation and statutory provisions. The term appears explicitly only in Section 230(2) of the BNSS, which mandates that the accused be given a copy of the FIR.

Despite the absence of a formal definition, the FIR holds enormous legal weight. The Supreme Court of India has consistently described it as the cornerstone of the criminal justice process, emphasising its role in upholding due process and the rule of law. The FIR creates the first official record of a crime, sets out what is alleged, and binds the police to act. Without it, most investigations into serious crimes cannot legally begin.

The legal framework: from CrPC to BNSS 🔗

India’s criminal procedure laws have undergone a major overhaul. The three new criminal laws – the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) – replaced the Indian Penal Code, the CrPC, and the Indian Evidence Act respectively, and came into force on July 1, 2024. Under the new regime, FIR registration for cognizable offences is now governed by Section 173 of the BNSS, which replaces Section 154 of the CrPC. The core obligations remain – police must register the FIR, sign it, and provide a free copy to the informant – but the BNSS adds new dimensions around technology, timelines, and accountability.

Cognizable vs. non-cognizable offences: the critical distinction 🔗

The single most important factor in determining how an investigation begins is whether the offence is cognizable or non-cognizable. This distinction directly controls the extent of police powers.

Cognizable offences 🔗

A cognizable offence is one where police can arrest a person without a warrant and begin an investigation immediately, without requiring prior permission from a court. These are generally serious offences – murder, rape, kidnapping, robbery, and similar crimes. Under the BNSS 2023, Section 2(g) defines cognizable offences, and the police have both the authority and the obligation to register an FIR and commence investigation without court approval. In cognizable cases, filing an FIR is not optional – it is a legal duty cast on the officer-in-charge of the police station.

Non-cognizable offences 🔗

A non-cognizable offence is at the opposite end of the spectrum. Here, the police cannot arrest without a warrant, nor can they begin investigating on their own. They must first obtain permission from a Magistrate. Section 2(o) of the BNSS defines non-cognizable offences, and the statute now clarifies that in such cases, the police record a written complaint and present it to the Magistrate, who then decides whether to direct an investigation, issue a warrant, or reject the complaint. Importantly, there is no FIR in the classical sense for non-cognizable offences – the complaint travels through a magistrate’s channel instead.

This distinction is not just academic. It determines how quickly justice can move, how much police autonomy exists, and what rights the accused has in the early stages. A single case may sometimes involve elements of both cognizable and non-cognizable offences, making accurate classification a critical task for the investigating officer.

The mandatory duty to register: the Lalita Kumari ruling 🔗

For decades, there was a troubling and recurring problem in India – police officers refusing to register FIRs even when serious cognizable offences were reported. This changed decisively with the Supreme Court’s landmark Constitution Bench ruling in Lalita Kumari v. Government of Uttar Pradesh (2014). The case arose when a father tried to file a complaint about his minor daughter’s kidnapping and the police refused to act.

The Court settled the law firmly: if information received by the police discloses the commission of a cognizable offence, registration of an FIR is mandatory. The word “shall” in Section 154(1) of the CrPC (now Section 173 of the BNSS) leaves no room for discretion. The Court further held that a police officer cannot refuse to register an FIR on the ground that the information seems unreliable or unverified – Section 154 deliberately omits qualifiers like “credible” or “reasonable,” meaning the officer must record any information disclosing a cognizable offence without filtering it first.

The Court did carve out a narrow exception: if the information received does not itself disclose a cognizable offence but suggests the need for inquiry, a brief preliminary inquiry – not exceeding 7 days – may be conducted to determine whether one has been committed. But once a cognizable offence is apparent, there is no other option but to register the FIR forthwith.

How to file an FIR: the procedure under BNSS 🔗

Any person who has information about a cognizable offence – not necessarily the victim or an eyewitness – can file an FIR. A police officer can also file one on their own initiative if they come to know of a cognizable offence. The process under Section 173 of the BNSS works as follows:

The information can be given orally, in writing, or through electronic communication. If given orally, the officer must reduce it to writing and read it back to the informant. Once recorded, the informant must sign it. A copy of the FIR must be given free of cost to the informant or victim immediately upon registration, as mandated by Section 173(2) of the BNSS. The investigating officer must then forward the FIR to the nearest Magistrate within 24 hours. The BNSS also now mandates videography of crime scene visits and key investigative procedures, increasing transparency at every stage.

Zero FIR: reporting beyond boundaries 🔗

One of the most significant procedural reforms in recent years is the formalisation of the Zero FIR under Section 173(1) of the BNSS. A Zero FIR can be filed at any police station irrespective of where the offence was committed. The FIR is recorded without a serial number and forwarded to the police station with territorial jurisdiction, which then re-registers it as a regular FIR. This is particularly vital in situations such as accidents, sexual offences, or cybercrimes where getting to the “right” police station quickly is not always possible. The concept was not codified under the old CrPC – its statutory recognition in the BNSS is a major step forward for victims.

e-FIR: digital access to justice 🔗

The BNSS now enables citizens to file FIRs through electronic means – email, online portals, or designated digital platforms – and most major states like Delhi, Mumbai, and Bengaluru have operational online FIR systems for eligible offences. Electronically submitted information must be signed by the informant within three days to maintain evidentiary integrity. This move addresses a long-standing access barrier, particularly for victims in remote areas or those who face intimidation at police stations.

What happens after the FIR is filed? 🔗

Filing the FIR is only the beginning. Once it is registered, the police are legally obligated to investigate. For cognizable offences, senior police officers can oversee investigations, transfer cases between officers, and even initiate investigations in the absence of an FIR under Section 30 of the BNSS. The investigating officer gathers evidence, examines witnesses, makes arrests where necessary, and prepares a chargesheet. Under the BNSS, the officer must also keep the informant or victim updated on investigation progress within 90 days – a new accountability measure that was absent in the CrPC.

A notable change under the BNSS concerns offences punishable with three to seven years of imprisonment. Under Section 173(3), the officer-in-charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police (DSP), conduct a preliminary inquiry of up to 14 days before registering an FIR in such cases. This provision has drawn criticism from legal scholars who argue it creates room for delay and potential bias, particularly given that the same police officers who decline to register the FIR are then consulted during the inquiry.

What if police refuse to register the FIR? 🔗

Police refusal to register an FIR remains a reality in India, despite the law being clear. The BNSS provides a structured escalation path. If the local police refuse, the complainant can send a written complaint by post to the Superintendent of Police under Section 173(3) of the BNSS (corresponding to Section 154(3) of the CrPC). If the SP is satisfied that a cognizable offence is disclosed, they must either investigate the case personally or direct a subordinate officer to do so. If that too fails, the aggrieved person can approach the Judicial Magistrate First Class (JMFC) under Section 177(3) of the BNSS for a direction to the police to investigate. As a last resort, a writ petition can be filed before the High Court.

The role of public cooperation in criminal investigations 🔗

The criminal justice system does not function in isolation. Section 31 of the BNSS imposes a legal obligation on every citizen to assist magistrates and police officers when reasonably required – including helping prevent the escape of persons authorised for arrest and assisting in maintaining public order. Beyond this statutory duty, the effectiveness of any investigation depends heavily on timely reporting by witnesses and victims. Courts have repeatedly held that unexplained delays in filing an FIR invite scrutiny and can weaken a prosecution’s case, as delay may indicate an afterthought or a fabricated account.

Low legal literacy remains a serious challenge. Many victims – particularly in marginalised communities – are unaware that filing an FIR is their right, not a favour the police can grant or withhold. They are often unaware of Zero FIR, e-FIR options, or the escalation pathways available when police refuse to act. This gap between legal reform and public awareness is one of the most pressing issues in India’s criminal justice system today.

What do you think? Given that the BNSS now allows a preliminary inquiry of up to 14 days before registering an FIR for certain offences, does this adequately balance the need to prevent frivolous complaints against the risk of denying timely justice to genuine victims? And how should the legal system bridge the gap between procedural reforms like Zero FIR and e-FIR and the ground reality of low legal literacy among those who need these tools the most?

References

1. https://blog.ipleaders.in/fir-registration-under-bharatiya-nagarik-suraksha-sahita/
2. https://ijirl.com/wp-content/uploads/2025/06/FIR-UNDER-BNSS-2023-TOWARDS-TRANSPARENCY-TECHNOLOGY-AND-TIMELINESS.pdf
3. https://www.indialawoffices.com/legal-articles/first-information-report-fir
4. https://kamalandcoadvocates.com/insights/cognizable-and-non-cognizable-offences-in-india/
5. https://indiankanoon.org/doc/10239019/
6. https://www.drishtijudiciary.com/code-of-criminal-procedure/lalita-Kumari-v-state-of-up-&-ors-2014
7. https://www.scobserver.in/supreme-court-observer-law-reports-scolr/preliminary-inquiry-before-fir-under-pca-state-of-karnataka-v-t-n-sudhakar-reddy-corruption-prevention/
8. https://bprd.nic.in/uploads/pdf/SOP_on_Zero_FIR%20&%20eFIR%20-%20NCL%202023.pdf
9. https://www.drishtijudiciary.com/editorial/new-provisions-for-police-officers
10. https://lawbhoomi.com/powers-of-superior-officers-of-police-and-aid-to-magistrates-and-police/
11. https://www.scconline.com/blog/post/2026/01/17/section-173-3-bnss-statutory-interpretation-fir-registration/
12. https://www.cyberlawconsulting.com/police_does_not_take_fir.php