How to File FIR and Zero FIR: Your Right Under Section 173 BNSS

1. 1

   🔎 Check: is it a cognizable offence?

   An FIR is for cognizable offences, where police can arrest without a warrant: theft, robbery, assault causing hurt, cheating, rape, kidnapping, murder, dowry death, cyber fraud. For minor, non-cognizable matters (simple insult, minor hurt) the police record a Non-Cognizable Report (NCR) and send you to the Magistrate (Section 174 BNSS).

2. 2

   🚓 Go to ANY police station: the Zero FIR

   Section 173(1) says information can be given 'irrespective of the area where the offence is committed'. So the nearest station must register it, even if the crime happened elsewhere. This is a Zero FIR (it gets number 0 or a zero series). The station then transfers it to the police station that has jurisdiction, where it gets a regular number and is investigated.

3. 3

   🗣️ Tell it orally, in writing or online

   Give the facts: what happened, when, where, who did it (or a description), witnesses and losses. If you speak, the officer must write it down and read it back to you; sign only when it is correct. You can also send it by electronic communication (e-FIR / email / state police portal); it is taken on record when you sign within 3 days. A woman victim of a sexual offence can have her statement recorded by a woman officer, and at her home if she is disabled.

4. 4

   📄 Take your free copy

   You are entitled to a copy of the FIR immediately and free of cost (Section 173(2)). Check the FIR number, date, sections and police station. Most states also let you download FIRs from the state police website or the Citizen services of CCTNS.

5. 5

   📮 Police refuse? Write to the SP

   If the station refuses, send the substance of your information in writing and by post to the Superintendent of Police (Section 173(4)). The SP must investigate personally or order an officer to do so. Keep the postal receipt. Use registered post or speed post.

6. 6

   ⚖️ Still nothing? Go to the Magistrate

   Apply to the Judicial Magistrate under Section 175(3) BNSS (old Section 156(3) CrPC), with an affidavit and proof that you approached the SP. The Magistrate can order the police to register the FIR and investigate. You can also file a private complaint (Section 223).

7. 7

   📲 Track the investigation

   Under BNSS the police must inform you of the progress of the investigation within 90 days, including by electronic means (Section 193(3)). When the final report is filed, you are entitled to be told and to be heard before a case is closed.

In Lalita Kumari v. Government of Uttar Pradesh (2013) a Constitution Bench held that police must register an FIR when the information discloses a cognizable offence; they cannot first 'check if it is true'. BNSS keeps this rule with one change: for offences punishable with 3 years or more but less than 7 years, the officer may, with the permission of a DSP-rank officer, hold a preliminary enquiry for up to 14 days to see whether there is a prima facie case (Section 173(3)).

The duty to register an FIR flows from the Constitution:

Print two copies. Hand one to the SHO and get the second stamped 'received' with the date. If they refuse, post the same letter to the SP.

To,
The Station House Officer (SHO),
Police Station __________, District __________

Subject: Information about a cognizable offence; request to register FIR (Zero FIR if outside your jurisdiction) under Section 173 BNSS

Sir / Madam,
I, __________ (name), son/daughter/wife of __________, aged ___, resident of __________, mobile __________, report as follows:

1. Date and time of incident: __/__/2026 at about __:__
2. Place of incident: ______________________________
3. What happened: ______________________________
   ______________________________________________
4. Person(s) responsible / description: ______________
5. Witnesses (if any): ______________________________
6. Loss / injury: __________________________________

These facts disclose a cognizable offence. Please register an FIR under Section 173(1) BNSS
(as a Zero FIR and transfer it if the place is outside this station's area), give me a free copy
under Section 173(2), and take necessary action.

Enclosed: ______________ (photos / bills / medical report / screenshots)

Signature: ____________
Date: __/__/2026