Registration of First Information Report

A First Information Report, or FIR, is the formal recording by police of information relating to the commission of a cognizable offence. When such information is disclosed, registration is ordinarily a statutory duty, subject to the limited preliminary-inquiry provision under current criminal procedure law.

Duty to record the information

Under Section 173 of the BNSS, the officer in charge must record information relating to a cognizable offence, irrespective of where the offence occurred. This permits registration at any police station, commonly called a Zero FIR, followed by transfer to the competent police station.

• Oral information must be reduced to writing, read over to the informant and signed by that person.
• Information given electronically must be taken on record after the informant signs it within three days.
• The recorded information must be entered in the prescribed book maintained by the police station.

Limited preliminary inquiry

For an offence punishable with imprisonment of three years or more but less than seven years, the officer may, considering its nature and gravity, conduct a preliminary inquiry with prior permission of an officer not below the rank of Deputy Superintendent of Police. The inquiry must determine within 14 days whether a prima facie case exists; it is not a full investigation or trial of the allegation.

Copy and remedy against refusal

• A copy of the recorded information must be supplied free of cost to the informant or victim without delay.
• If the station officer refuses to record the information, its substance may be sent in writing to the Superintendent of Police, who must investigate or direct an investigation if satisfied that it discloses a cognizable offence.
• If this remedy fails, the aggrieved person may apply to the Magistrate, who may order an investigation.