How to File FIR in India: Step-by-Step Guide Under BNSS

To file an FIR in India, go to any police station and tell the officer in charge what happened, orally, in writing or by electronic communication. Under Section 173 of the BNSS, the police must record information about a cognizable offence, read it back to you, take your signature and give you a free copy.

What is an FIR?

An FIR (First Information Report) is the first written record the police make when they receive information about a cognizable offence. It sets the criminal process in motion. Once an FIR is registered, the police are expected to investigate, collect evidence and, where the facts support it, file a report before the court.

The FIR is not the whole case. It is your first account of the incident. You do not need to know the law, name the right sections or have every detail. What matters is that you describe honestly what happened, when, where and who was involved.

Which law applies to FIRs now?

Since July 1, 2024, the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the Code of Criminal Procedure. FIRs are now registered under Section 173 of the BNSS (old CrPC Section 154). Offences are defined in the Bharatiya Nyaya Sanhita (BNS), which replaced the IPC. If your incident happened before July 1, 2024, the older laws may still apply to some parts of the case, so ask an advocate if you are unsure.

Cognizable or non-cognizable: why it matters

Cognizable offences are the more serious ones, such as theft, assault causing injury, cheating or sexual offences, where police can act and arrest without a warrant. For these, registering an FIR is not optional. In Lalita Kumari v. Government of Uttar Pradesh (2013), the Supreme Court held that registration of an FIR is mandatory when the information discloses a cognizable offence.

Non-cognizable offences are less serious. For these, the police record the information in a register and refer you to the Magistrate. They can investigate only after a Magistrate's order (BNSS Section 174). So if the police say your matter is non-cognizable, it is not the end of the road; it simply takes a different route.

How to file an FIR: step by step

1. Act quickly. In an emergency, call 112 first. Delay is not fatal, but a prompt report is easier to believe and helps the police collect evidence.
2. Go to the nearest police station. You can go to any police station, even if the offence happened somewhere else. The police must register a Zero FIR and transfer it (explained below).
3. Give the information. Speak to the officer in charge or hand over a written complaint. A written complaint, signed and dated, with a copy for yourself, is usually the clearest option.
4. Include the key facts. Date, time and place; what happened in order; names or descriptions of the accused; names of witnesses; any injuries or losses; and documents, photos, messages or videos you have.
5. Check what is written. If you speak, the officer must write it down and read it back to you. Read it yourself if you can. Correct anything wrong before you sign.
6. Sign the FIR. Sign only when it matches what you said.
7. Take your free copy. Under Section 173(2), the informant or victim is entitled to a copy of the FIR free of cost. Note the FIR number, the date and the police station.

Can you file an FIR online?

Yes, the BNSS allows information to be given by electronic communication, often called an e-FIR. Many state police departments allow certain complaints through their official websites or citizen portals. The facilities and the types of offences covered differ from state to state, so check your state police's official site.

One rule is important: an e-FIR must be signed by the informant within 3 days. If you report online, follow up at the police station to sign it, or the information may not be taken further.

What is a Zero FIR?

A Zero FIR means the police must register your FIR regardless of the area where the offence happened, and then transfer it to the police station that has jurisdiction. This protects you from being sent from one station to another while evidence disappears. If an officer says "this is not our area", politely remind them that the law now expressly requires a Zero FIR.

What happens after the FIR is registered?

For most cognizable offences, the police begin investigating: they visit the spot, record statements, collect evidence and may make arrests.

For cognizable offences punishable with 3 years or more but less than 7 years, the BNSS allows a preliminary enquiry within 14 days, with permission from an officer of the rank of Deputy Superintendent of Police, to check whether there is a prima facie case. If the police tell you this is happening, note the date and follow up after 14 days.

What if the police refuse to file your FIR?

If the officer in charge refuses to register an FIR for a cognizable offence, you can send the substance of your information to the Superintendent of Police (Section 173(4)). If that does not work, you can apply to the Magistrate under Section 175(3) with an affidavit. Our guide on what to do if police refuse to register an FIR explains each step.

Common mistakes to avoid

• Exaggerating facts or adding names you are not sure about. A false or inflated FIR can hurt your own case.
• Signing a statement you have not read or that was written differently from what you said.
• Leaving without a copy or without the FIR number.
• Waiting for weeks without reason, especially where medical evidence or CCTV footage may be lost.

How NYAY GHAR can help

Filing an FIR can feel stressful, especially if you are unsure how to describe the incident or the police are not cooperating. Through NYAY GHAR, you can request legal assistance and be connected with a qualified advocate who can review your complaint, help you draft it clearly and guide you on next steps. Learn more about our criminal law practice area, and read about your rights if you or a family member is arrested.

This guide is general legal information, not legal advice for your specific case.