First Information Report

Polity & Governance glossary

Also called: FIR, Section 173 BNSS, Section 154 CrPC · Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT

Meaning

A First Information Report (FIR) is the first written record the police make when someone tells them about a cognizable offence. A cognizable offence is a serious crime where the police can arrest without a warrant and start investigating without a magistrate's order. Today the FIR is made under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Before 1 July 2024 it was made under Section 154 of the CrPC 1973.

The FIR sets the criminal law in motion. It is the first link in the criminal justice chain (police → prosecution → courts → prisons). A weak FIR can make the whole case fail in court.

Explanation

When an FIR is needed: cognizable and non-cognizable offences

Offences are classed in the First Schedule of the BNSS 2023. The BNSS replaced the CrPC 1973 from 1 July 2024. It has 531 sections, compared with 484 in the CrPC.
Cognizable offence (for example, murder or rape):
Police can arrest without a warrant.
Police can investigate without a magistrate's order.
The information is recorded as an FIR under BNSS s.173.
Non-cognizable offence (for example, defamation):
A warrant is needed to arrest, and a magistrate's order is needed to investigate.
No FIR is made. The information is entered in a book and referred to a magistrate (s.174).
The police must send the daily diary report to the magistrate every fortnight (BNSS s.174(1)(ii)) [1].

How an FIR is lodged: the steps in order

Information is given. It can be given at any police station, whatever the place of the crime (s.173(1)) [1][2]. - Orally: the officer writes it down, reads it back, and the informant signs it [1]. - By electronic communication (e-FIR): it is taken on record only once the informant signs it within 3 days [1].
Registration. For a cognizable offence the police must register the FIR (Lalita Kumari v Govt. of Uttar Pradesh, 2013). - Exception (preliminary enquiry, s.173(3)): for offences punishable with 3 years or more but less than 7 years, the station officer may first hold a preliminary enquiry. This is a short check of whether there is a prima facie case, meaning a case that looks valid at first sight [1]. - It needs permission from an officer not below Deputy Superintendent of Police (DSP) [1]. - It must finish within 14 days [1].
Free copy. A copy must be given at once, free of cost, to the informant or victim (s.173(2)) [1].
Investigation begins. For offences punishable with 7 years or more, a forensic expert must visit the crime scene. The process is filmed on a mobile or other device (s.176(3)) [1].
Victim kept informed. The police must tell the informant or victim about progress within 90 days, by any means including electronic (s.193(3)(ii)) [1].
Charge sheet. The investigation ends with the police report (s.193). The court then takes cognizance, which means it formally starts the case. - In rape and POCSO cases, investigation must finish within 60 days (s.193(2)) [1].

Special forms and remedies

Zero FIR: an FIR filed at any police station, even if the crime happened in another station's area. It is then sent to the station that has jurisdiction (the legal power to deal with the case).
It was recommended by the Justice Verma Committee (2013) after the December 2012 Delhi gang-rape.
It is now statutory (written into the law). s.173(1) says information may be given "irrespective of the area where the offence is committed" [1][2].
e-FIR: a complaint sent electronically. It becomes valid only after the informant signs it within 3 days [1].
If the police refuse to register an FIR:
First, the person can go to the Superintendent of Police.
Then, they can apply to the magistrate (s.173(4)) [1].

In the Constitution and practice

Constitutional base: "Police" is entry 2 and "Public order" is entry 1 of the State List (Seventh Schedule). So the state police receive and register FIRs.
Statute: BNSS 2023, s.173, in force from 1 July 2024. It replaced CrPC 1973, s.154.
Colonial legacy: many states still run their police under the Police Act 1861. That law was written to control the people, not to serve them. Victims often face this attitude when they try to file an FIR.
Key judgment: Lalita Kumari v Govt. of Uttar Pradesh (2013): registering an FIR is mandatory when the information shows a cognizable offence. The police cannot pick and choose.
Key reform: Justice Verma Committee (2013): it recommended the Zero FIR after the December 2012 Delhi gang-rape. The BNSS has now made it law [1][2].
Victim-friendly changes in BNSS: e-FIR, a free FIR copy, compulsory forensics for serious crimes and a 90-day progress update [1].
What comes after the FIR: arrest safeguards (Article 22; D.K. Basu, 1997; Arnesh Kumar, 2014) and custody rules (BNSS s.187) apply once the investigation starts.

Don't confuse with

Non-cognizable report (s.174): this is not an FIR. It is entered in a book and the police need a magistrate's order to investigate. An FIR (s.173) needs no such order.
Charge sheet (police report, s.193): the FIR starts the investigation. The charge sheet is the police's final report at the end of it, and the court takes cognizance on it.
Zero FIR vs regular FIR: a regular FIR is filed at the station with jurisdiction. A Zero FIR is filed at any station and then transferred to the right one.
Preliminary enquiry vs investigation: a preliminary enquiry happens before the FIR is registered, and only for 3-7 year offences. It needs DSP permission and lasts at most 14 days [1]. Investigation happens after the FIR.

Prelims Hooks

FIR → BNSS s.173 (earlier CrPC s.154). The BNSS has been in force since 1 July 2024.
Zero FIR → recommended by the Justice Verma Committee (2013). It is now statutory under BNSS s.173(1) [1][2].
e-FIR → taken on record only once the informant signs within 3 days [1].
Preliminary enquiry (s.173(3)) → offences punishable with 3 to less than 7 years, needs DSP permission, must finish in 14 days [1].
Lalita Kumari (2013) → FIR registration is mandatory for cognizable offences.
Trap: "Police" and "Public order" are State List entries 2 and 1, not Concurrent List. Also, a non-cognizable offence is recorded under s.174, not as an FIR.

Mains Points

Access for victims:
Zero FIR, e-FIR, a free copy and a 90-day progress update make the FIR easier for victims to use [1].
Together they reduce the problem of police turning victims away over jurisdiction or delay.
Police discretion vs Lalita Kumari:
The new preliminary enquiry for 3-7 year offences lets the police check a complaint before registering it [1].
Critics say this may let police delay or avoid FIRs. That goes against the spirit of mandatory registration in Lalita Kumari (2013).
Possible safeguards: strict use of the 14-day limit and the remedy of going to the SP and then the magistrate (s.173(4)) [1].
The first link needs reform:
Policing is a State List subject, and many states still use the colonial Police Act 1861. So refusal to register FIRs remains common.
Strong FIR practice depends on wider police reform (Prakash Singh v Union of India, 2006; Model Police Act 2006). It also needs better forensics and investigation, because a weak FIR can make the whole case fail in court.

Related concepts

Criminal justice I: police, FIR, arrest and custody

Sources

1CrPC and BNSS: A Comparative Analysis (PIB)static.pib.gov.in · tier 1
2Highlights of New Criminal Laws (PIB)pib.gov.in · tier 1