Filing an FIR under BNSS: A Step-by-Step Guide

The First Information Report (FIR) means the information given by any person to the officer in charge of the police station regarding a commission of a cognizable offence and on the basis of which investigation of that offence is initiated. Any person who knows about a cognizable offence may give information to the police and thereby set the criminal law in motion. The information so received shall be recorded in form and manner provided under section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Filing an FIR under BNSS: A Step-by-Step Guide

The BNSS provides a framework for filing an FIR, which is an essential step to seek justice and ensure public safety. Any person can file an FIR under BNSS at any police station relating to commission of cognizable offence where the offence is committed.

What is an FIR?

The term First Information Report (FIR) is a written document prepared by the Police when they receive any information about a cognizable offence, which is an offence in which a police officer can arrest without a warrant. The FIR is an important document that speeds up the investigation process.

• Purpose: - The primary purpose  of an FIR is to provide a written record of a  complaint or information received by the police  about  a cognizable offence
• Content of an FIR: - An FIR typically includes details such as the date, time and place of incident, description of the offence, names of the accused and victims (informant), witnesses and any other relevant information.
• Investigation of FIR: - An FIR serves as the basis for a police investigation and it helps the police investigation and it helps the police to collect evidence, identify suspects and build a case.

How to register an FIR under BNSS

A Person can give any information relating to the commission of cognizable offence, may be orally or by electronic communication to an officer in charge under section 173 of the BNSS.

After record the complaint a free copy of the compliant must be given to the informant or victim. Then the Investigation officer investigate a cognizable offence, an FIR must be register immediately and forward it to the nearest Magistrate within 24 hours of receiving the information

BharatiyaNagarik Suraksha Sanhita, 2023 (BNSS) includes several new provisions relating to reform of Criminal Justice System, including as under:-

• Zero FIR: - Any person can lodge an FIR at any police station, irrespective of the jurisdiction where the crime took place. This ensures that no complaint gets lodged due to jurisdictional constraints.
• E-FIR: - If any information regarding of a cognizable offence can be registered electronic communication, especially women to report a crime without visiting a police station. Online FIR can be registered in certain cases.
• Preliminary Inquiry: - If any information relating to the commission of cognizable offence is punishable for 3 year or more but less than 7 year, on receiving such information the officer in charge must to take prior permission from the Deputy Superintendent of police (DSP) or higher officer. Preliminary inquiry to be conducted within 14 days, proceed with investigation if a prima facie case exists.

Refusal to Register FIR

If the police officer refuses to register an FIR, the aggrieved person may send may send such information in writing and by post to the concerned Superintendent of Police (S.P). If the S.P is satisfied about the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by a subordinate police officer.

If the officer in charge of the police station fails to act, then the aggrieved person may make an application to the magistrate under section 173(4) of the BNSS.

Mandatory Registration

The Supreme Court has emphasized that if a complaint relates to a cognizable offence, an FIR must be registered immediately and it was further stated that  a preliminary inquiry may be conducted if the case is unclear and the prima facie  cognizable made out.

In a significant ruling, in the matter of Lalita Kumari vs. Government of UP 2013 SCC the Supreme Court held that Registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of an cognizable offence.

Purpose of FIR in Criminal Law System

The main purpose of the First Information Report from the point of view of the informant is to determine the Criminal law in motion and from the point of view the investigating authorities, it is to obtain information about the alleged criminal activity so that appropriate steps may be taken to trace and punish the guilty party.

Procedure for Filing an FIR and Investigation

An FIR can be filed by anyone who has information about cognizable offence, including the victim, witnesses or other individuals, includes as under: -

• Visit the police Station: -  anyone to file an FIR, you must visit the nearest police station and give information about the offence to the officer in charge of the police station.
• Provide Information: - you must provide the details about the offence, including the date of incident, time and place as well as any other relevant information.
• Sign the FIR: - Once the FIR is ready, you must sign it to confirm that the information is correct and after record the complaint a free copy of the compliant must be given to the informant or victim.

If any information in relation to an offence of Rape under section 64 to 71 and 74 to 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the statement of victim shall be recorded by a women police officer at the residence of the victim or at a place of her choice and, as far  as possible, in the presence of the parents or guardians or near relatives of the victim or a social worker of the area and such statement may also be  recorded  through any audio-video electronic means including mobile phone.

Conclusion

Filing an FIR under BNSS is an important process that  enables law enforcement agencies to take cognizance of crimes and take necessary action to protect the rights of the citizens. An FIR is an important document that plays a vital role in the investigation process. It helps to ensure justice by providing the basis for gathering evidence and preparing a case. It helps in collecting evidence and building a case.

FAQs

1. What is an FIR and why is it important in criminal law?

An FIR is a written document prepared by the Police when they receive information about a cognizable offence. It is important as it initiates the investigation process.

2. How can I register an FIR under BNSS?

You can give information about a cognizable offence orally or through electronic communication to an officer in charge. An FIR must be registered immediately and forwarded to the Magistrate within 24 hours.

3. What are the new provisions under BNSS regarding FIRs?

Some new provisions include Zero FIR, E-FIR, and the requirement of a preliminary inquiry for offences punishable for 3-7 years.

4. What can I do if the police refuse to register an FIR?

If the police refuse, you can send a written complaint to the Superintendent of Police. If necessary, you can also make an application to the Magistrate.

5. Why is it mandatory to register an FIR for a cognizable offence?

The Supreme Court has emphasized that immediate registration of an FIR is mandatory, as it helps in determining whether a cognizable offence has been committed.

6. What is the purpose of an FIR in the criminal law system?

The purpose of an FIR is to set the criminal law in motion and provide information about alleged criminal activities for appropriate action. 

7. Who can file an FIR and what is the procedure for filing one?

Anyone with information about a cognizable offence can file an FIR by visiting the nearest police station, providing details about the offence, and signing the document.

8. What special provisions are there for recording the statement of a victim of rape?

A victim's statement of rape should be recorded by a female police officer at her residence or a place of her choice, preferably in the presence of parents, guardians or relatives.

9. Can an FIR be filed online?

In certain cases, online FIRs can be registered through electronic communication, especially for reporting by women.

10. Can an FIR be lodged at any police station irrespective of jurisdiction?

Yes, Zero FIR provision allows for lodging an FIR at any police station, regardless of the jurisdiction where the crime took place.

11. What happens after an FIR is registered?

An FIR serves as the basis for a police investigation, helping to collect evidence, identify suspects, and build a case for prosecution.

12. What happens if a complaint doesn't disclose commission of a cognizable offence?

In such cases, a preliminary inquiry may be conducted to determine if a prima facie case of cognizable offence is made out.

13. Can an FIR be registered for non-cognizable offences?

No, an FIR is specifically for cognizable offences, which are more serious offences where a police officer can arrest without a warrant.

14. Can an FIR be modified or updated after it is registered?

Yes, an FIR can be modified or updated if new information or evidence comes to light during the course of the investigation.

15. What rights do I have as a victim or informant when an FIR is registered?

As a victim or informant, you have the right to receive a free copy of the FIR and to be kept informed about the progress of the investigation.

Read More:

Rejection of Plaint Barred by Limitation 

Specific performance suit not maintainable in absence of declaratory relief