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Behavior and Law

FIR — First Information Report

Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS) — Definitions & Key Sections

Paper III · Unit 3 Section 4 of 15 0 PYQs 25 min

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FIR — First Information Report

3.1 BNSS Section 173 — Registration of FIR

Mandatory FIR registration: Every police station officer must register an FIR upon receiving information of a cognisable offence. The officer cannot refuse to register — refusal is punishable.

Key provisions:

  • S.173(1): Information can be given orally (reduced to writing) or electronically (E-FIR)
  • S.173(2): The officer must read the FIR back, get the informant's signature
  • S.173(3): Zero FIR codified — if offence outside jurisdiction, register FIR and transfer within 15 days
  • S.173(4): A copy of FIR must be given to the informant immediately and free of charge
  • S.173(5): Cognisable offence against woman — FIR must be recorded by a woman police officer (if practicable); if victim is temporarily or permanently physically disabled, FIR recorded at victim's place by woman officer with a video camera

3.2 Distinction: Cognisable vs Non-Cognisable Offences

Feature Cognisable Offence Non-Cognisable Offence
FIR Mandatory — police register FIR Complaint to Magistrate
Arrest Police can arrest without warrant Warrant needed from Magistrate
Investigation Police can investigate without Magistrate's order Magistrate's order required
Examples Murder, rape, theft, dacoity Affray, defamation, cheating (minor)

3.3 Non-Cognisable Offences — Complaint Procedure

For non-cognisable offences:

  • Complaint filed to Judicial Magistrate
  • Magistrate issues summons to accused
  • Police investigate only on Magistrate's written order
  • Cognisance taken by Magistrate