E-FIR & Zero FIR under BNSS: Provisions, Procedure and Cases

Authored By – SHIVAM SHUKLA, UNIVERSITY OF ALLAHABAD 

Introduction

As its name suggests, First Information Report (FIR) refers to the initial description given by a victim or any other individual on their behalf to the officer in charge of a police station regarding a cognizable offence. Section 173 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) (earlier Section 154 CrPC) deals with the First Information Report.

Filing an FIR is the first and crucial step for initiating police investigation in cases of cognizable offences. However, it is important to note that the term FIR has not been defined anywhere in criminal law. It has only been mentioned in Section 230 of BNSS as “First Information Report.”

With the advent of new criminal laws in India, various new provisions have been introduced, and older ones have been amended. The Bhartiya Nagarik Suraksha Sanhita, 2023, has introduced Zero FIR, E-FIR, and the concept of Preliminary Enquiry. This article will discuss these in detail.

Essentials of Filing an FIR

  1. The information must relate to the commission of a cognizable offence.
  2. The report can be filed in any police station, irrespective of the area.
  3. The information may be given orally or in writing.
  4. If given orally, it should be reduced to writing by the officer in charge of the police station or under their direction. If given in writing, it should be signed by the informant.
  5. The information should be communicated to the officer in charge of the police station.
  6. The substance of the information should be entered in a book, as prescribed by the State Government, known as the General Diary.
  7. The statement must be written down, signed by the informant, and recorded in a daily diary.
  8. A copy of the FIR must be provided to the informant upon registration.

Difference Between Cognizable and Non-Cognizable Offences

Cognizable Offence Non-Cognizable Offence
Serious crimes where the police can start an investigation without prior approval or court order. Non-serious crimes where the police require a warrant to start an investigation.
An FIR is registered for such offences. A Non-Cognizable Report (NCR) is filed instead of an FIR.

Types of FIR Under the New Criminal Laws

A. Regular FIR

A standard FIR registered when a police station receives a complaint of a crime within its jurisdiction.

B. Zero FIR

A new provision that allows an individual to file an FIR at any police station, irrespective of jurisdiction. It is later transferred to the concerned police station.

C. E-FIR

An electronic FIR, which allows a victim to file an FIR online through the internet.

D. Non-Cognizable Report (NCR)

Filed in cases of non-serious offences, where police require permission to investigate.

E. Counter FIR

An FIR filed by the accused party against the complainant for the same offence.

F. Cross FIR

An FIR filed by another party regarding the same offence but with a different version of events.

G. False FIR

An FIR filed with malicious intent to mislead law enforcement or harass an individual.

Provisions of Section 173 of BNSS (Earlier Section 154 of CrPC)

Apart from general rules regarding FIR filing, Section 173 of BNSS introduces specific provisions:

  1. Crimes Against Women

    • If a woman victim files an FIR for crimes like stalking, rape, etc., her statement must be recorded by a woman police officer or any other female officer.

  2. Crimes Against Persons with Disabilities

    • In cases where the victim is disabled, the police must record the statement at the victim’s residence or a location suitable for their convenience.
    • The statement should be taken in the presence of an interpreter or special educator, if necessary.

  3. Preliminary Enquiry

    • If the reported cognizable offence is punishable for three to seven years, the police may conduct a preliminary enquiry before registering the FIR.
    • Such an enquiry requires prior approval from an officer not below the rank of Deputy Superintendent of Police (DSP).

What If the Police Refuses to File an FIR?

If a police officer refuses to register an FIR, the complainant has the following options:

  1. Approach the Superintendent of Police (SP)

    • The complainant may send the details of the offence in writing via post to the SP.
    • If the SP finds the information credible, they may either investigate the matter themselves or direct a subordinate officer to do so.

  2. Approach the Magistrate

    • If the SP fails to act, the complainant can approach the Magistrate, who may order the police to investigate the case.

Procedure After Filing an FIR

a) The police begin investigating the case, collecting evidence from witness statements and other sources.
b) In cognizable offences, the police can arrest the suspect without prior approval.
c) If sufficient evidence is found, a chargesheet is filed in court.
d) If no evidence is found, a final report (closure report) is prepared.
e) If the investigators believe that no offence was committed, a cancellation report is filed.
f) If the accused is untraceable, an untraced report is filed.
g) The court may accept the investigation or order re-investigation if dissatisfied.

Evidentiary Value of an FIR

  • An FIR is not considered substantive evidence but is an important piece of evidence.
  • It cannot be used against the informant if they later become the accused.
  • The FIR cannot be used to contradict or corroborate witnesses.
  • It can be used for the following purposes:
    1. Corroboration: The prosecution can use an FIR to support a witness statement.
    2. Contradiction: An FIR can be used to contradict the statement of the person who filed it.
    3. Determining Spontaneity: It serves as proof that the statement was not premeditated.
    4. Cause of Death: If the informant dies, the FIR can be used as substantive evidence.

Case Law: Ram Chandra v. State of Haryana

  • The Supreme Court held that the contents of an FIR can only be used for corroboration and contradiction and not as substantive evidence.

Is Filing an FIR Mandatory?

Case Law: Lalita Kumari v. Government of UP (2014)

  • The Supreme Court held that registering an FIR is mandatory if the information discloses a cognizable offence.

Facts of the Case:

  • Lalita Kumari’s father reported her kidnapping, but the police delayed filing the FIR, taking no action to rescue the child.
  • The Supreme Court laid down guidelines regarding mandatory FIR registration.

Guidelines Issued by the Supreme Court:

  1. Mandatory Registration: If the complaint relates to a cognizable offence, an FIR must be registered immediately.
  2. Preliminary Enquiry: If the case is unclear, a preliminary enquiry must be conducted.
  3. Closure of Inquiry: If no cognizable offence is found, the case must be closed with reasons provided.
  4. Timeframe: A preliminary enquiry must be completed within 7 days.
  5. General Diary Entry: Details of FIR or enquiry must be recorded.
  6. Duty of Police: If the offence is apparent, the police must register the FIR. Failure to do so can lead to disciplinary action.

Applicability of Preliminary Enquiry

A preliminary enquiry applies to cases such as:

  • Matrimonial/Family disputes
  • Medical negligence cases
  • Corruption cases
  • Commercial offences
  • Cases with undue delay (over 3 months) in prosecution

This article provides a detailed legal framework surrounding FIR and its provisions under BNSS, 2023.

What is Zero-FIR?

The Justice Verma Committee, formed to report on the Nirbhaya Case (2012) and suggest reforms in the Indian Criminal Justice System, recommended the introduction of Zero FIR.

  • Zero FIR is a provision allowing an aggrieved person to file an FIR at any police station across the country, irrespective of jurisdiction.
  • The police station that receives the FIR will record it, assign an FIR number, and then transfer it to the relevant police station for investigation.

Purpose of Zero FIR

The primary objective of this provision is to enhance accountability and efficiency in the FIR filing system. It ensures that no complaint goes unregistered due to jurisdictional barriers.

Ways to Register a Zero FIR under Section 173 of BNSS

A person can register a Zero FIR anywhere in the country through two methods:

a) Orally

  • If the information is provided orally, the police officer must write it down and read it back to the complainant for confirmation.
  • The complainant must sign the written report to validate it.

b) Electronically

  • If the FIR is reported electronically, it must be officially recorded.
  • The complainant must sign the report within three days for confirmation.

Relevant Case Law: Satvinder Kaur vs State (1999)

The Delhi High Court initially quashed an FIR filed in Delhi, citing lack of territorial jurisdiction since the incident occurred in Patiala. However, the Supreme Court overturned this decision, ruling that under Section 156 of the Criminal Procedure Code (CrPC), the police can investigate cognizable offenses regardless of jurisdiction.

Lodging an FIR Electronically – E-FIR

The 22nd Law Commission of India, led by Justice Ritu Raj Awasthi, in its 282nd report, recommended amendments to Section 154 of the CrPC, advocating for electronic FIR registration.

What is E-FIR?

E-FIR (Electronic FIR) is a provision allowing individuals to file complaints online without visiting a police station.

Purpose of E-FIR

E-FIR aims to remove barriers such as:

  • Lack of transport to reach a police station.
  • Extreme distances.
  • Police station refusals in registering an FIR.

Procedure to File an E-FIR

Step 1: Identifying the Offense on the Centralized National Portal (CNP)

The police officer will first determine whether the reported case involves a cognizable offense punishable by three or more years of imprisonment.

Step 2: Registration Based on the Nature of the Offense

  • Cognizable offenses (punishable up to 3 years) → FIR is registered within three days as per Annexure-C.
  • Cognizable offenses (punishable beyond 3 years) → FIR is registered following the procedure under Section 154 of CrPC (now Section 173 of BNSS).
  • Non-Cognizable Offenses → E-FIR registration is not applicable. The police must provide reasons for refusal, which will be uploaded to the CNP status portal.

Step 3: Informing the Complainant

After registering an E-FIR, the police must notify the complainant about the status via:

  • SMS on their mobile phone, or
  • Updating the CNP portal under the “STATUS” tab.

The complainant must sign the report within three days.

Step 4: Confirmation of Filing

A confirmation message is sent once the FIR is successfully registered. However, an unsigned E-FIR will be deleted from the system.

Conclusion

The introduction of Zero FIR and E-FIR under India’s new criminal laws ensures greater accessibility and efficiency in the justice system.

  • Zero FIR guarantees that no crime goes unregistered due to jurisdictional constraints.
  • E-FIR simplifies the process, enabling quick and stress-free FIR registration.

As responsible citizens, it is crucial to understand these legal provisions and spread awareness to help reduce crime in the country.

References

Online Sources

  1. Anirudh, ‘Provision of Zero FIR & E-FIR under BNSS’ (Finology Legal, 2025), link, accessed 31 January 2025.
  2. Drishti Judiciary, ‘First Information Report (FIR)’ (Drishti Judiciary, 22 April 2024), link, accessed 31 January 2025.
  3. ‘Evidentiary Value of FIR’ (iPleaders), link, accessed 31 January 2025.

Case Laws

  1. Ram Chander v State of Haryana (1981) 1 SCC 191.
  2. Lalita Kumari v Government of Uttar Pradesh (2014) 2 SCC 1.
  3. Satvinder Kaur v State (1999) 1 SCC 491.

Statutory References

  • Bhartiya Nagarik Suraksha Sanhita, 2023 (Act 45 of 2023), Section 173.
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