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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
