ABSTRACT

The FIR (First Information Report) is a vital document in the criminal justice system of India. It is the initial report made by a police officer upon receiving information about the commission of a cognizable offense. The FIR is a legal document that serves as the foundation for a police investigation, and it must be filed for certain serious offenses like murder, theft, or assault.

The First Information Report (FIR) in India is a crucial step in the criminal justice process, allowing law enforcement to initiate investigations into cognizable offenses. When a cognizable crime is reported, an FIR is filed by the police based on the complainant’s information. This report outlines the nature of the crime, its details, and the accused (if known). It ensures transparency and accountability in law enforcement and is a key document in the judicial process

Comparative Table: Key FIR Data

Aspect	Key Statistic (2024)	Insights
Total FIRs Filed	5.8 million	Reflects crime reporting trends
Crime Rate per 100,000	445.9 incidents	Decreased by 0.56%
Digital FIR Registrations	30% rise in online filings	Improving accessibility
Cognizable Offenses	70% of total FIRs	Reflects serious crimes
Zero FIRs Filed	15,000	Common in interstate cases
Witness-Filed FIRs	15%	Increased third-party reporting
Cyber Crime FIR Surge	24%	Rise in digital fraud cases
FIR Refusals	10% initially refused, 5% appealed	Appeals increase registration
Case Quashing Rate	8%	Primarily minor disputes

Introduction to FIRs: Statistical Context and Importance

Category	Data Point	Source/Insight
Cybercrime Increase	11% rise	Highlights growing digital threats (StudyIQ)
Crimes Against Women	Increase reported	High rates in states like UP (Adda247)
Top State for Crimes	Uttar Pradesh	Highest overall crime rate (Adda247)
Urban vs. Rural	Higher in urban areas	Urban centres have better reporting mechanisms
Property Crimes	Prominent in Maharashtra & Delhi	Need for robust FIR systems (StudyIQ)
Rural Reporting Issues	20% underreporting	Social stigma and lack of awareness (Adda247)

Table: Key Crime Statistics in India (2024)

Table 1: Year-Wise Crime Rate Comparison

Year	Crime Rate per 100,000 People	Key Observations
2020	487.8	Highest rate in recent years due to increased reporting.
2021	445.9	Decline attributed to better enforcement and awareness.
2022	422.2	Further reduction in crime rates from 2021.
2023	Data not provided	Limited information available for this year.
2024	445.9	Stabilized rate; urban areas continue to have higher crimes.

Table 2: State-Wise Crime Rate (Per Capita)

State	Crime Rate Per Capita	Key Observations
Uttar Pradesh	7.4	Highest crime rate; major concerns over safety.
Arunachal Pradesh	5.8	Issues with safety after dark in specific areas.
Jharkhand	5.3	High underreporting of crimes suspected.
Meghalaya	5.1	Certain areas are deemed unsafe for residents.
Delhi	5.0	Despite focus, crime remains a significant problem.
Assam	4.4	Increased focus on law enforcement is needed.
Chhattisgarh	4.0	Safety concerns, especially for women.
Haryana	3.8	Robbery, theft, and violence are common issues.
Odisha	3.8	Issues with drug-related crimes and bribery.
Andhra Pradesh	3.6	Comparatively lower crime rate among large states.

Table 3: Major Crime Categories (2024)

Crime Type	Observation	Change from Previous Year
Theft	Most prevalent crime in India.	Stable.
Robbery and Assault	Follow closely behind theft.	Stable.
Rape Cases	Increased incidence, highlighting concerns.	+1.1%
Kidnappings	Significant rise in cases reported.	+5.1%

Table 4: Factors Influencing Crime Rate

Factor	Impact
Increased Police Presence	Visible policing led to a decline in overall crime rates.
Improved Law Enforcement	Enhanced investigation techniques contributed to reduced rates.
Public Awareness	Campaigns encouraged crime reporting and prevention.

Table 5: Social and Economic Impacts of Crime

Impact Type	Observation
Social	Increased fear and insecurity, reduced quality of life.
Economic	Higher healthcare and justice costs hindered investments.
Community Effects	Breakdown of social bonds, lower community involvement.

What is an FIR?

An FIR (First Information Report) is a critical document in the Indian criminal justice system that marks the official beginning of an investigation into a reported crime. It is defined under Section 173 of Bhartiya Nagarik Suraksha Sanhita, 2023 and serves as the basis for all subsequent police action related to the case. Understanding what an FIR is and its importance is essential for victims, witnesses, and anyone interacting with the legal system. An FIR is the formal recording of information provided to the police regarding the commission of a cognizable offense. Cognizable offenses are those for which the police have the authority to arrest without a warrant and begin an investigation without prior approval from a magistrate.

Section 173 of BNSS 2023:

“1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed may be given orally or by electronic communication and if given to an officer in charge of a police station

orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it

and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:

Key Point:

The FIR serves as the first point of record for an offense and is critical for initiating an official investigation.

Purpose of an FIR

The FIR’s role goes beyond being just an administrative formality. It serves three main purposes:

Triggers the Investigation Process: The FIR compels the police to start investigating the reported offense, ensuring that evidence is preserved, and witnesses are interviewed promptly.
Judicial Oversight: Once an FIR is filed, a copy is sent to the magistrate, who monitors the investigation’s progress. This helps in maintaining a check on police conduct.
Evidence for Legal Proceedings: The FIR acts as an initial document that both prosecutors and defense teams can reference during the trial.

Case Reference: Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1:

SC Observation:
“ Registration of FIR is mandatory under Section 154 of the Code if the information discloses commission of a cognizable offence. No preliminary inquiry is permissible in such a situation. The police officer cannot avoid his duty of registering an offence if a cognizable offence is disclosed. ” — Lalita Kumari v. Govt. of Uttar Pradesh, (2014) 2 SCC 1

Impact: This ruling emphasizes that police officers do not have the discretion to refuse to register an FIR when a cognizable offense is reported. This ensures that complainants have a clear path to initiate an investigation without facing unnecessary delays.

Types of Information for Filing an FIR

An FIR can be filed based on:

Oral Information: Must be written down by the police, read back for accuracy, and signed by the informant.
Written Complaints: Provided directly by the informant, which are attached as the official FIR after verification.

Challenges and Common Issues

Although the law mandates the registration of FIRs for cognizable offenses, challenges persist:

Refusal to File: Police refusal to register FIRs is a common issue, often due to biases or perceived workload.
Delay in Filing: Delays can lead to compromised evidence and hinder investigations. The Supreme Court in Lalita Kumari noted that delays could weaken the pursuit of justice.

Case Reference: Ramesh Kumari v. State (NCT of Delhi) (2006) 2 SCC 677:

Observation:
“It is the duty of the police to register an FIR when information is given about a cognizable offence. Failure to do so is against the spirit of the CrPC and constitutes negligence.” — Ramesh Kumari v. State (NCT of Delhi), (2006) 2 SCC 677

Importance of Filing an FIR

Why is Filing an FIR Important?

Initiates the Investigation Process as discussed above:
Acts as an Official Record:

The FIR serves as the first formal record of a crime. It acts as a cornerstone document that prosecutors and defence attorneys rely on during trials. Courts use it to establish the sequence of events, corroborate witness testimonies, and assess the credibility of evidence.

Legal and Practical Benefits of an FIR

Ensures Accountability: The mandatory nature of FIR registration means that police inaction can be challenged, and erring officers can be held accountable.
Protects the Rights of the Complainant: Filing an FIR ensures that the complainant’s statement is officially recorded, giving them a basis for pursuing legal remedies if the investigation is inadequate or mishandled. Once an FIR is filed, a copy must be provided to the complainant free of charge, as mandated by the BNSS This empowers the complainant with documented proof that the police have registered their case.
Judicial Oversight: After an FIR is filed, a copy is forwarded to the magistrate, who oversees the case's progress. This provision ensures that police investigations are conducted in compliance with procedural norms and prevents abuses of power or delays.

Role of FIR in Initiating the Criminal Justice Process

The FIR serves as the foundation for launching an investigation. It sets into motion several processes that are crucial for fair and efficient handling of the case:

Preservation of Evidence: Immediate registration and subsequent investigation help preserve evidence that could otherwise be tampered with or destroyed.
Witness Testimonies: The FIR allows police to question witnesses promptly, making it more likely that their recollections will be accurate and detailed.
Prosecutorial Support: The FIR acts as a key document during prosecution. It helps establish timelines and serves as an initial account that the court and both legal teams can rely upon during proceedings.

Challenges and Considerations

Despite its significance, filing an FIR can sometimes come with challenges:

Refusal by Police: There are instances where police officers may refuse to file an FIR, often due to biases or administrative pressures. The Supreme Court in Lalita Kumari emphasized that such refusals could constitute a violation of duty.
Fear of Repercussions: In cases involving influential individuals or institutions, complainants may hesitate to file an FIR due to potential backlash or intimidation.

Types of FIRs: A Comprehensive Guide:

When it comes to criminal law in India, the First Information Report (FIR) is a critical starting point. However, FIRs are not uniform; there are various types, each tailored to meet the demands of different circumstances. Understanding these distinctions can greatly impact how effectively individuals interact with the justice system and assert their rights. In this comprehensive analysis, we’ll explore Regular FIRs, Zero FIRs, and Cross FIRs—each with its definition, purpose, legal context, and case law insights.

Regular FIR: The Standard Complaint

Definition and Context: A Regular FIR is the most commonly known type of First Information Report. Filed at the police station within the jurisdiction where the alleged offense has taken place, a Regular FIR serves as the initial complaint that sets the criminal investigation in motion. Under Section 173 of BNSS, 1973, it is the duty of the police to register an FIR upon receiving information about a cognizable offense.

Challenges and Practical Considerations: Despite its importance, the process of filing a Regular FIR can sometimes be met with obstacles, including reluctance on the part of the police to register complaints due to political pressure, biases, or resource constraints. This has necessitated judicial interventions and public awareness campaigns to ensure that complainants know their rights.

Zero FIR: Bridging Jurisdictional Gaps

Definition: A Zero FIR is a special type of FIR that can be filed at any police station, regardless of whether it falls under the jurisdiction where the alleged crime occurred. The "zero" in Zero FIR means it is not assigned a serial number when initially filed. This is done to facilitate prompt action and is later transferred to the police station that has the proper jurisdiction, where it receives a formal serial number. Now it has got statutory recognition under 173 Section of BNSS, 2023.

Purpose:

Immediate Action Without Jurisdictional Barriers: The primary advantage of Zero FIR is that it allows the complainant to report a crime without worrying about which police station has jurisdiction. This is particularly useful in cases involving crimes like sexual assault, domestic violence, or serious accidents, where every minute counts.
Victim-Centric Approach: The Zero FIR concept is rooted in prioritizing victim safety and ensuring timely intervention by the police, thereby upholding the principle that procedural technicalities should not obstruct justice.

Real-World Applications:

Cases of Sexual Assault: Survivors of crimes such as rape or harassment often need immediate police assistance. Zero FIR enables them to file their complaint at any police station and receive necessary support.
Road Accidents: In instances of severe accidents or hit-and-run cases, Zero FIRs ensure that the reporting process is not delayed, potentially preventing crucial evidence from being lost.

Cross FIR: Addressing Counter-Complaints

Definition: A Cross FIR occurs when separate FIRs are registered by both parties involved in the same incident, typically in cases involving mutual accusations or disputes. For example, in a physical altercation, each party may claim to be the victim and file separate FIRs.

Purpose:

Balancing Perspectives: Cross FIRs allow both parties to present their version of the incident, ensuring that investigations are balanced and not skewed in Favor of one party.
Comprehensive Investigation: By considering multiple FIRs related to the same incident, the police can conduct a more thorough and impartial investigation that takes into account all available evidence.

Legal Considerations: While the registration of Cross FIRs is permitted, courts have laid down guidelines to manage investigations effectively. In Nathi Lal v. State of U.P. (1990 Supp SCC 145), the Supreme Court stated that while both FIRs should be considered, investigations should be handled carefully to avoid contradictory findings.

Observation
“Where two FIRs are filed for the same incident, the investigation should be conducted in a manner that maintains coherence and objectivity, ensuring a fair examination of the evidence from both sides.”

Challenges: Cross FIRs can complicate investigations, sometimes resulting in delays as authorities try to piece together differing accounts of the same event. Courts have also warned against filing Cross FIRs with malafide intent to manipulate the legal process or prolong proceedings.

Who Can File an FIR?

The process of who can file an FIR is essential for ensuring that justice is accessible to everyone, not just the victims of crime. This section explores the eligibility criteria for filing an FIR, explains the role of third-party informants, and presents case law to illustrate these principles.

Eligibility to File an FIR

Section 173 of the BNSS, 2023, does not place any limitations on who can file an FIR, emphasizing the open and inclusive nature of this crucial step in the criminal justice process. The provision states that any person who has knowledge of the commission of a cognizable offense can inform the police, triggering their obligation to register the FIR. This inclusivity allows:

Victims of Crime: The primary person who can and should file an FIR is the victim of the offense.
Witnesses: Individuals who witnessed the crime or its aftermath can file an FIR.
Third Parties: Even people who were not present at the scene but possess credible information about the crime can lodge an FIR.

The Role of Third-Party Informants

Allowing third parties to file FIRs serves to democratize the justice process, ensuring that crimes are not ignored due to technicalities or the inability of the victim to report the incident. This concept is particularly relevant in cases involving:

Minor victims or incapacitated individuals: Where the direct victim may be unable to report the offense.
Serious crimes witnessed by bystanders: Such as accidents or violent acts where witnesses can act as responsible informants.
Public interest cases: For example, cases involving corruption or crimes affecting a community where an individual may report on behalf of the broader public.

Case Reference: Sakiri Vasu v. State of Uttar Pradesh (2008) 2 SCC 409 elaborated on the role of judicial oversight when police refuse to file an FIR, which is relevant for third-party informants who may face resistance.

Judgment:

“If the police refuse to register an FIR, the complainant has the option to approach a magistrate under Section 156(3) of the CrPC. This provision ensures that complaints from third parties are not ignored and that justice is pursued.”

This judgment ensures that the rights of informants, whether they are victims or witnesses, are protected, giving them legal recourse if their complaint is not acknowledged by law enforcement.

Challenges in Reporting by Third Parties

While the law permits third parties to report crimes, practical challenges exist:

Verification of Credibility: Police officers may scrutinize the credibility of the informant, especially when the person reporting is not the victim or a direct witness. This can lead to delays or refusals.
Fear of Repercussions: Witnesses or bystanders may hesitate to report crimes due to fear of reprisal or becoming embroiled in lengthy investigations.
Misuse of Provision: The open nature of FIR filing can sometimes be misused for personal vendettas or to file false complaints, leading to potential legal battles.

Judicial Safeguards: Courts have emphasized that while it is essential to allow open reporting, police investigations must ensure that the information provided is accurate and not motivated by malice. The decision in T.T. Antony v. State of Kerala (2001) 6 SCC 181 cautions against registering multiple FIRs for the same incident to prevent misuse.

Observation
“No second FIR can be registered for the same incident; subsequent information should be treated as witness statements under Section 161 of the CrPC to avoid overlap and misuse.”

How to File an FIR?

Filing an FIR (First Information Report) is the first procedural step in the Indian criminal justice system for reporting the commission of a cognizable offense. Knowing the exact process and legal obligations can help complainants ensure their rights are protected. This section details the step-by-step procedure for filing an FIR, legal interpretations, and relevant case law with verbatim excerpts.

Step-by-Step Process of Filing an FIR

Approaching the Police Station: The informant must go to the police station with jurisdiction over the area where the offense occurred. If an informant is unsure of the jurisdiction, a Zero FIR (discussed in detail in Section 3) can be filed at any station.
Oral or Written Reporting: Information can be provided either orally or in writing. If given orally, Section 173 of the BNSS, 1973, states that the police officer must reduce it to writing.
Verification and Signature: The police officer must read the written complaint back to the informant for verification. The informant is then required to sign the FIR. If the informant refuses to sign, the FIR can still be registered but may impact its evidentiary value.
Providing a Copy of the FIR: A copy of the FIR must be given to the informant at no cost, ensuring that they have a record of their complaint.

Case Law: Supporting FIR Procedures

T.T. Antony v. State of Kerala (2001) 6 SCC 181: This case is pivotal for understanding the procedure and implications of filing an FIR. The Supreme Court noted:

“FIR under Section 154 of CrPC is a very important document as it sets the criminal law in motion and marks the commencement of the investigation. It is well settled that the police cannot register multiple FIRs in respect of the same cognizable offence or incident, and only the first information in regard to the commission of a cognizable offence can be regarded as an FIR under Section 154 .” — T.T. Antony v. State of Kerala, (2001) 6 SCC 181

Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1: The Supreme Court underscored the mandatory nature of FIR registration:

“Registration of FIR is mandatory under Section 154 of the Code if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. The police officer cannot avoid his duty of registering an offence if a cognizable offence is disclosed. ” — Lalita Kumari v. Govt. of Uttar Pradesh, (2014) 2 SCC 1

Section 6. Police Obligations Upon Receiving an FIR

When a First Information Report (FIR) is filed, police obligations extend beyond merely recording the complaint. They are bound by procedural and statutory requirements that ensure the complainant’s rights are protected, and the investigation proceeds without prejudice. This section explores the duties of the police upon receiving an FIR, case law affirming these duties, and the legal recourse available in cases of non-compliance.

Legal Obligations of the Police Under Section 173

Section 173 of the BNSS, 1973, outlines the primary duty of the police to record information regarding a cognizable offense. Once the information is presented, the following obligations come into play:

Reducing Information to Writing: The police must transcribe the oral statement of the informant into written form. This ensures that even if the complainant is unable to submit a written report, their oral account is documented.

Reading Back the Statement: The recorded statement must be read back to the informant to verify its accuracy. This step safeguards against errors or omissions that could affect the investigation.

Signature Requirement: The informant is required to sign the written report. If they refuse, the police must still record the complaint but document the refusal as part of the record.
Providing a Free Copy: The CrPC mandates that a copy of the FIR must be given to the informant at no cost. This helps the complainant keep a record of the report for future reference or legal action.

Investigation Obligations Post-FIR

Once an FIR is filed, the police must initiate an investigation without undue delay. Section 173 of the BNSS requires the officer in charge to proceed with the investigation or delegate it to a subordinate officer. The primary duties include:

Scene Inspection: Visiting the scene of the crime to collect physical evidence.
Witness Interviews: Recording statements.
Arrests if Necessary: Making arrests to prevent suspects from fleeing or tampering with evidence.
Reporting to Magistrate: Submitting regular updates on the investigation to the local magistrate.

Consequences of Non-Compliance

Failure by the police to register an FIR or conduct an investigation can have serious legal implications:

Approaching Higher Authorities: Under BNSS, if a police officer refuses to file an FIR, the complainant can escalate the matter to the Superintendent of Police or a higher officer. If satisfied with the merit of the complaint, the officer can order an investigation.
Judicial Recourse: The complainant can also approach a magistrate under Section 175(3) of the BNSS, requesting that the police be directed to register an FIR and conduct an investigation.

Cognizable vs. Non-Cognizable Offenses

Understanding the distinction between cognizable and non-cognizable offenses is vital to comprehending how the police can act in response to different types of crimes. This classification dictates the powers of the police concerning arrest and investigation without prior judicial approval, shaping the procedure for filing and acting upon an FIR.

Legal Definitions and Distinctions

Cognizable Offenses:

Defined under Section 2(d) of the BNSS, 2023 cognizable offenses are those for which a police officer has the authority to arrest without a warrant and initiate an investigation without prior permission from a magistrate. These offenses typically include more serious crimes such as murder, rape, kidnapping, and robbery.

“Cognizable offence means an offence for which, and ‘cognizable case’ means a case in which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.” — Section 2(c), CrPC, 1973

Non-Cognizable Offenses:

As per Section 2(m) of the BNSS, 2023, non-cognizable offenses are those for which a police officer cannot arrest without a warrant and requires the magistrate’s approval to conduct an investigation. These offenses are generally less severe, such as defamation, minor assaults, or cheating.

Impact on Police Powers and Procedures

For Cognizable Offenses:

Immediate Action: When a cognizable offense is reported, the police must register an FIR and start an investigation immediately. The urgency in handling such offenses ensures that evidence is preserved, suspects are apprehended, and public safety is protected.
Arrest Without Warrant: The police can arrest the accused based on reasonable suspicion without waiting for a magistrate’s order, enabling quicker action against serious crimes.

For Non-Cognizable Offenses:

Requirement for Magistrate’s Approval: The police need the magistrate's consent to initiate an investigation and make arrests. This requirement serves as a check to prevent misuse of police power for minor or civil disputes.
Limited Police Authority: While a non-cognizable offense is recorded in the General Diary, no FIR is filed unless ordered by the magistrate.

Observation:
“The police have no authority to investigate or arrest in non-cognizable cases without the magistrate’s explicit direction. This ensures that lesser offenses do not lead to unwarranted police action.” — Gopal Das Sindhi v. State of Assam, (1961) AIR 986

Schedule I of the BNSS: Classification of Offenses

The classification of whether an offence cognizable or non-cognizable, bailable or non- bailable and compoundable or non-compoundable are listed in the First Schedule of the BNSS. Most cognizable offences are non-bailable and are of a more serious nature than non-cognizable offences

Examples:

Cognizable Offenses: Murder (Section 101 BNS), rape (Section 63 BNS), theft (Section 379 IPC).
Non-Cognizable Offenses: Defamation (Section 354 BNS), public nuisance (Section 215 BNS), minor assaults (Section 337 BNS).

Practical Implications of the Distinction

For Victims:

Access to Justice: Victims of cognizable offenses benefit from immediate police intervention, which can prevent further harm and expedite the justice process.
Challenges with Non-Cognizable Offenses: Victims may face delays due to the need for magistrate approval, which could dissuade reporting of less severe but still significant crimes.

For Police:

Investigation Scope: In cognizable cases, the police have the autonomy to begin investigations and make arrests as part of their duty to uphold public safety. For non-cognizable cases, their role is limited until judicial direction is obtained.
Resource Allocation: The classification helps prioritize resources, ensuring serious offenses receive prompt attention while less urgent cases are managed under the magistrate's oversight.

Judicial Oversight and Safeguards

Courts have played a significant role in delineating the boundaries of police power concerning cognizable and non-cognizable offenses.

1. Section 9. What to Do If Police Refuse to File an FIR

Legal Remedies for Complainants

Under Indian criminal law, the refusal to register a First Information Report (FIR) by police officials constitutes a violation of statutory duties. Section 173 of the BNSS mandates that every information relating to the commission of a cognizable offense be recorded in writing and signed by the complainant. However, in many instances, police officers refuse to register FIRs due to various reasons, including lack of jurisdiction, reluctance to pursue the case, or perceived insufficiency of the complaint.

Statutory Remedies

Approach the Superintendent of Police (SP):
Section 173(4) of the BNSS empowers the complainant to approach the Superintendent of Police if a Station House Officer (SHO) refuses to register an FIR. The SP has the authority to direct the registration of the FIR or take further action.
Magisterial Intervention (Section 176(3) BNSS):
If the SP fails to act, the complainant can seek the intervention of a Judicial Magistrate. Under Section 176(3), the Magistrate can order the police to investigate a cognizable offense.
File a Writ Petition:
Article 226 of the Constitution provides the complainant with the right to file a writ petition in the High Court, seeking direction to the police to register the FIR.

Practical Steps

Document the refusal by recording the interaction with the police.
Escalate to higher authorities, including SPs and Commissioners, with the written complaint.
Seek legal counsel to explore judicial remedies efficiently.

Role of the Superintendent of Police and Judicial Magistrate

The role of higher authorities, particularly the Superintendent of Police and the Judicial Magistrate, becomes critical in ensuring justice when the police refuse to file an FIR.

Superintendent of Police :
The complainant must submit the complaint in writing to the SP, providing evidence of police refusal. The SP has the discretion to:
- Instruct the SHO to register the FIR.
- Assign the case to another officer or initiate an investigation independently.
Judicial Magistrate:
If both the SHO and SP fail to act, the complainant may file an application before the Judicial Magistrate. Upon being satisfied with the merits of the complaint, the Magistrate can:
- Direct the police to register the FIR.
- Monitor the investigation to ensure compliance.

2. Section 10. The Concept of Zero FIR

The concept of Zero FIR emerged as a significant reform in India’s criminal justice system, aiming to facilitate the immediate registration of complaints regardless of territorial jurisdiction. Unlike a regular FIR, which is registered by the police station with jurisdiction over the alleged offense, a Zero FIR can be registered at any police station.

The term “Zero” refers to the unique feature that such FIRs are not assigned a regular case number initially. Instead, they are given the number “0” and later transferred to the relevant police station having jurisdiction over the case.

Statutory Basis

Though the term "Zero FIR" does not explicitly appear in the Code of Criminal Procedure, 1973,( but now its mention under new act in section 173(1) in BNSS) it is implicitly supported under:

Section 173 of BNSS: Mandates the registration of information relating to cognizable offenses without reference to jurisdiction.

Criminal Law (Amendment) Act, 2013: Post the Nirbhaya case, directives emphasized the need for immediate registration of complaints, particularly in sensitive cases like sexual offenses.

3.Section 11. What Happens After an FIR is Filed?

Investigation Process Initiated by the Police

Once an FIR is filed under Section 173 of the BNSS, the case moves into the investigative phase. This stage is governed primarily by Sections 173 to 185 of the BNSS, which outline the powers and duties of the police during an investigation.

Registration and Entry in Records
Commencement of Investigation:
Arrests and Detention:

4.Section 12. Can an FIR Be Withdrawn or Quashed?

Conditions for Withdrawal of an FIR

Withdrawal of an FIR is a rare scenario under Indian law and is governed by Section 360 of the BNSS, which allows a Public Prosecutor to withdraw a case with the consent of the court. However, this provision applies only to cases already in trial and not merely at the FIR stage.

For withdrawal before trial, specific provisions apply:

Compounding of Offenses (Section 359 BNSS):
Certain minor offenses (classified as compoundable offenses) may be resolved amicably between the parties, leading to withdrawal. Examples include criminal trespass and simple assault.
Police-Initiated Closure:
If the investigating officer concludes that no offense occurred, they can file a closure reportunder Section 189 of BNSS.

Quashing of an FIR by the High Court

An FIR can be quashed by invoking the inherent powers of the High Court under Section 528 of the BNSS. The High Court exercises this power to prevent abuse of the legal process or to secure the ends of justice.

Grounds for Quashing

No Prima Facie Case:
Settlement Between Parties:
Malicious Prosecution:

Procedure for Quashing

Filing a Petition:
Examination by the Court:

The Court evaluates whether the FIR meets the grounds for quashing based on the Bhajan Lal principles.

Consent of the Parties (in settlement cases):

In private disputes, both parties must agree on settlement terms before the Court.

Challenges in Quashing

Balancing Justice and Precedent:
Non-Compoundable Offenses:

5.Section 13. FIR in Special Circumstances

Filing an FIR for Cyber Crimes

Cybercrimes, such as hacking, identity theft, online harassment, and financial fraud, are rapidly increasing in the digital age. The procedure for filing an FIR for cybercrimes involves several unique considerations:

Jurisdictional Flexibility:

Cybercrimes often transcend geographical boundaries. Recognizing this, the Supreme Court in Shreya Singhal v. Union of India (2015) clarified that victims can file complaints in any jurisdiction where the offense's impact is felt.

Specific Provisions Under the Information Technology Act, 2000:
- Section 66: Pertains to computer-related offenses.
- Section 67: Addresses the publication of obscene material online.
- Section 72: Covers breaches of confidentiality and privacy.
Cybercrime Portals:

The government has introduced online platforms such as the Cybercrime Reporting Portal (cybercrime.gov.in) to facilitate the registration of complaints and provide initial assistance.

Challenges in Cybercrime FIRs

Anonymity of Offenders:

Identifying perpetrators is often challenging due to encrypted communications and jurisdictional issues.

Police Expertise:

Many local police stations lack the technological expertise to handle cybercrime investigations effectively.

FIRs in Sexual Offense Cases

Sexual offenses such as rape, harassment, and assault are particularly sensitive and have specific procedural safeguards to ensure victim protection and dignity.

Mandatory Registration:

As per Section 173 of BNSS police must register an FIR for cognizable offenses like rape, without any preliminary inquiry. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh(2014) 2 SCC 1made this mandatory for such cases.

Victim Protection:

Section 398 of BNSS: Requires a prompt medical examination of the victim by a registered medical practitioner.

Confidentiality of the victim’s identity is protected under Section 72 of BNS.

Special Measures for Children:
Under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act):
- Child-friendly mechanisms, such as the presence of a trusted adult during interactions, must be ensured.
- FIRs can be recorded at the child’s residence or a place of comfort.

Role of FIRs in Communal or Large-Scale Incidents

Filing FIRs in incidents involving riots, mob violence, or communal clashes presents unique challenges:

Multiple Complainants:
Investigation of Hate Speech:

Challenges in Special Circumstances

Delays Due to Complexity:
Victim Reluctance:

Section 15. FAQs About Filing an FIR

Can You File an FIR Online?

Yes, in many states and union territories across India, police departments have introduced online platforms for filing FIRs, particularly for non-cognizable offenses or preliminary complaints. This measure is aimed at increasing accessibility and efficiency.

Can Anonymous Complaints Be Registered?

Yes, anonymous complaints can be registered, especially in cases where revealing the complainant's identity could jeopardize their safety. However, such complaints may undergo additional scrutiny before being converted into FIRs.

Provisions for Anonymity

Protection of Whistleblowers:
Under the Whistleblowers Protection Act, 2014, anonymity is ensured for individuals reporting corruption or criminal misconduct.
Sexual Offenses:
Victims of sexual offenses are entitled to confidentiality under Section 72 of BNS.

Is an FIR a Public Document?

An FIR is considered a public document under Section 74 of the BHARATIYA SAKSHYA ADHINIYAM, 2023, as it is part of the official records maintained by police authorities. However, access to FIRs is subject to specific conditions:

Right to Access FIRs:

In Youth Bar Association of India v. Union of India (2016), the Supreme Court directed police departments to upload FIRs on their official websites within 24 to 72 hours of registration for public access.

Excerpt:
"Transparency in making FIRs available to the public strengthens accountability and enhances trust in the criminal justice system."

Exceptions:
Access may be restricted in cases involving sensitive matters, such as:

Sexual offenses (to protect victim identity).
National security concerns.

Procedure to Obtain an FIR Copy

Direct Request to Police:

The complainant or accused can request a certified copy from the police station under Section 75 of the BHARATIYA SAKSHYA ADHINIYAM, 2023.

Filing an RTI Application:

If access is denied, an application can be made under the Right to Information Act, 2005.

Challenges in Online and Anonymous FIRs

Verification Issues:
Anonymous and online FIRs require thorough verification, which can delay investigations.

Technology Gap:
Lack of awareness and limited digital literacy, especially in rural areas, hinder the effectiveness of online FIR systems.

Conclusion

The voice of the victim and commitment that justice is served is FIR. The first step towards justice and offering hope to the victim is FIR. It is the foundation on which proceedings are built. It is very important that all the information that are given while reporting the FIR should be clear and true. Through this article we want to convey all the basic information regarding FIR. As everything has its own implications false FIR brings disaster to the families while some brings justice to the victim. This initial step brings a lot of change in the society. Filing FIR would prevent the heinous crime present in the society. But before taking any action, it is very necessary to be partial, transparent and fair. In India where people hesitate to take any legal action due to societal pressure and other factors, FIR can provide justice to these people. The aggrieved party can assert their legal rights and can have the power of justice. It is not a conclusive piece of evidence but plays a vital role in investigation, trial and arrest. Therefore, it helps to implement justice in the society.

Disclaimer

The contents in this article are just for informational purposes only. Efforts have been made to ensure the accuracy and reliability of information, the author(s) and publisher do not guarantee its completeness or precision. Any matter written in this article does not express the opinion of the author or the publisher. Additionally, it does not reflect the views of the organisation. Readers should self-analyse the information and perceive accordingly. The author(s), The publisher and the organisation are not responsible for any losses or damage occurring due to the interpretation of the article.

Credits

Shambhavi Mishra, (Team Legal Commentary)

Siddhant Tiwari, (Team Legal Commentary)

Adv. Mihir Kaushik (Team Legal Commentary)

Adv. Vikas Gupta (Team Legal Commentary)

F.I.R- The Key to Justice | All About FIR