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Understanding FIR (First Information Report)
FIR (First Information Report) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is the first step in the criminal justice process and sets the criminal law in motion. Under Section 154 of BNSS (formerly CrPC), filing an FIR is mandatory for cognizable offences.
FIR Filing Process Flowchart
Legal Framework
- Section 154 BNSS/CrPC - Information in cognizable offences
- Section 155 BNSS/CrPC - Information in non-cognizable offences
- Section 156 BNSS/CrPC - Police powers to investigate
- Section 157 BNSS/CrPC - Procedure for investigation
What is FIR?
- First information about a crime
- Sets criminal law in motion
- Can be filed by anyone who knows about the offence
- Must be registered for cognizable offences
- Free copy must be provided to complainant
Cognizable vs Non-Cognizable Offences
Cognizable Offences
- Police can arrest without warrant
- FIR mandatory under Section 154
- Investigation without court permission
- Serious offences (murder, rape, theft, etc.)
Non-Cognizable Offences
- Police cannot arrest without warrant
- Complaint under Section 155
- Court permission required for investigation
- Less serious offences (defamation, etc.)
Step-by-Step FIR Filing Process
1
Visit Police Station
Go to police station with jurisdiction
2
Write Complaint
Draft complaint in writing
3
Submit to SHO
Give to Station House Officer
4
Police Register FIR
Register in FIR register
5
Get FIR Copy
Free copy must be provided
6
Investigation
Police start investigation
Read Detailed Step-by-Step FIR Registration Process
Types of FIR
Regular FIR
Zero FIR
e-FIR / Online FIR
FIR on Phone/Email
Delayed FIR
Cross FIR
What is Zero FIR?
Zero FIR can be filed at any police station regardless of jurisdiction. The police cannot refuse to register a cognizable offence citing lack of jurisdiction. After registration, the FIR is transferred to the police station having jurisdiction.
Read Detailed Guide on FIR Types & Legal Sections
FIR to Charge Sheet Timeline
Note: For offences punishable with up to 10 years, charge sheet must be filed within 60 days. For more serious offences, within 90 days. Otherwise, accused may get default bail.
Documents & Information Required for FIR
Complainant Details
- Full name and address
- Contact number
- Identity proof (Aadhaar/Voter ID)
- Date and time of incident
Incident Details
- Exact location of incident
- Date and time of occurrence
- Description of the offence
- Names of accused (if known)
Evidence
- Photographs/videos of incident
- Medical reports (if injury)
- Witness names and addresses
- Documents related to offence
Electronic Evidence
- WhatsApp chats/screenshots
- Call recordings
- Email correspondence
- CCTV footage
Rights of Complainant & Accused After FIR
Rights of Complainant
- Right to get free copy of FIR
- Right to know investigation status
- Right to file protest petition
- Right to approach court if FIR not registered
Rights of Accused
- Right to get copy of FIR
- Right to anticipatory bail (for non-bailable offences)
- Right to default bail if charge sheet delayed
- Right to quash frivolous FIR
Read Detailed Guide on Rights After FIR
Read Guide on Quashing of FIR
Common Offences & BNS/BNSS Sections
| Offence | BNS Section (New) | IPC Section (Old) | Cognizable |
|---|
| Murder | Section 101-103 | Section 302 | Yes |
| Rape | Section 63-70 | Section 376 | Yes |
| Theft | Section 303 | Section 378 | Yes |
| Robbery | Section 310 | Section 390 | Yes |
| Cheating | Section 316 | Section 420 | Yes |
| Criminal Breach of Trust | Section 315 | Section 406 | Yes |
| Dowry Death | Section 80 | Section 304B | Yes |
| Hurt/Grievous Hurt | Section 115-118 | Section 323/325 | Yes |
| Defamation | Section 353 | Section 499 | No |
What to Do If Police Refuses to File FIR?
Send complaint by registered post to SP
File complaint before Magistrate under Section 156(3) BNSS
File private complaint under Section 223 BNSS
Approach Human Rights Commission
File writ petition in High Court
Call Police Helpline: 100 / 112
Legal Remedy: Under Section 154(3) BNSS/CrPC, if SHO refuses to register FIR, complainant can send complaint to Superintendent of Police (SP). If SP also refuses, complainant can file application before Magistrate under Section 156(3) BNSS/CrPC.
Online FIR (e-FIR) - State-wise Availability
Delhi - e-FIR for lost items
Maharashtra - Online complaint portal
Karnataka - e-Lost report
Telangana - SHE teams online
Tamil Nadu - e-FIR portal
Uttar Pradesh - UP Police online
Note: e-FIR is typically available only for certain offences (like stolen mobile/vehicle). For serious cognizable offences, physical presence may be required. Check your state police website.
Frequently Asked Questions
Q1: Is it mandatory to give a written complaint for FIR?
No. Police must register FIR even on oral information. They are required to reduce it to writing and read it over to you. However, written complaint is recommended for clarity and record.
Q2: Can I file FIR at any police station?
For cognizable offences, you can file Zero FIR at any police station. They cannot refuse jurisdiction. Later, the FIR is transferred to the police station having jurisdiction.
Q3: Is there any fee for filing FIR?
No. Filing FIR is completely free of cost. If any police officer demands money for registering FIR, it is illegal and can be reported to senior officers.
Q4: How to get a copy of FIR?
The complainant is entitled to a free copy of FIR immediately after registration. Others can obtain a certified copy from the police station or through online portals (varies by state).
Q5: Can FIR be cancelled or quashed?
Yes. FIR can be quashed by the High Court under Section 482 BNSS (inherent powers) if it is frivolous, false, or amounts to abuse of process of law. It can also be cancelled after investigation if found false.
Q6: What is the time limit for filing FIR?
There is no strict time limit, but delay should be explained. For sexual offences, time limit is stricter. Delayed FIR may weaken the case unless properly explained.
Q7: What is the difference between FIR and NCR?
FIR is for cognizable offences (serious crimes). NCR (Non-Cognizable Report) is for non-cognizable offences where police cannot act without court permission.
Q8: Can I file anonymous FIR?
Police can act on anonymous information, but registering formal FIR without a known complainant is difficult. For serious offences, police may register suo moto FIR.
Legal Disclaimer (BCI Compliant):
Nyayaseva is an educational platform providing legal information for awareness purposes only. This guide does not constitute legal advice nor create an attorney-client relationship. Criminal laws and procedures vary. Always consult a qualified legal professional for advice specific to your situation.