The First Information Report (FIR) is the foundational document in Indian criminal law — it sets the criminal justice system in motion. Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaces Section 154 of the Code of Criminal Procedure, 1973 — mandates that when information relating to a cognisable offence is given to a police officer, they shall register the FIR. This is not a discretionary power but a statutory duty. The FIR must be signed by the informant; a copy must be given free of cost to the informant immediately upon registration; and the FIR must be uploaded to the state police portal within 24 hours.
Lalita Kumari v. Govt. of UP (2014) — the landmark Supreme Court ruling: A five-judge Constitution Bench of the Supreme Court settled definitively that registration of FIR is mandatory when a cognisable offence is disclosed. The police have no discretion to conduct a "preliminary enquiry" before registration when a cognisable offence is clearly disclosed. Limited preliminary enquiry (not exceeding 7 days) is permitted only in exceptional cases. The judgment directed that any police officer who refuses to register an FIR shall be liable for departmental action and contempt of court.
What to do if police refuse to register an FIR: (1) Section 173(4) BNSS complaint to the Superintendent of Police: If the officer in charge of a police station refuses to register an FIR, the aggrieved person may send the substance of the information in writing and by post to the Superintendent of Police. (2) Magistrate complaint under Section 223 BNSS (erstwhile Section 190(1)(a) CrPC): A complaint can be filed directly before the Judicial Magistrate, who can take cognisance and direct police investigation. (3) Writ petition before the High Court seeking a direction to register the FIR — the fastest remedy in urgent or serious cases.
Zero FIR and e-FIR: A Zero FIR can be registered at any police station, regardless of territorial jurisdiction. The receiving station registers the FIR (with number "0") and immediately transfers it to the jurisdictionally competent station. This is critical in emergency situations — rape, kidnapping, serious assault — where the victim or complainant cannot travel to the correct station. E-FIR registration is now available in Rajasthan for specified offences through the Rajasthan Police portal.
Rights of the informant: Under Section 173(2) BNSS, the person who gives the information to the police has the right to: (i) receive a free copy of the FIR immediately upon registration; (ii) have the substance of the information read over to them before they sign; (iii) have the FIR registered in the language they understand. If the informant is a woman alleging rape or sexual assault, Section 173(1)(A) BNSS mandates that the FIR be recorded by a female officer in the presence of the woman's relatives or a woman social worker.