How to file an FIR for workplace violence under Section 173 BNSS

The Hook

You are at your workplace—maybe a showroom in Bihar or a tech park in Bengaluru—and a disgruntled ex-employee walks in. What starts as an argument quickly turns into a physical assault. In the case of Mohammad Faiz, a showroom manager in Bihar, this scenario turned fatal when an ex-employee, Sonu Paswan, allegedly beat him to death inside his office. When extreme violence happens in front of you, the shock can be paralyzing. However, the first few hours are the most critical for the legal system. Knowing how to trigger the law, from the first 112 call to ensuring the police register a case under the correct sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), is the only way to ensure that the perpetrator doesn't just walk away. This isn't just about 'calling the police'; it is about making sure the system works exactly how it is supposed to.

What the law actually says

Since July 1, 2024, the legal landscape for crimes in India has shifted from the old IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The Crime: Murder and Assault

If an assault results in death, it is classified under Section 103 of the BNS (Punishment for Murder). If the intent was not necessarily to kill but the act was so dangerous it caused death, it might fall under Section 100 of the BNS (Culpable homicide not amounting to murder). For non-fatal but serious physical violence, Section 115 of the BNS (Voluntarily causing hurt) or Section 117 of the BNS (Voluntarily causing grievous hurt) applies.

The Procedure: Registering the FIR

Section 173 of the BNSS is the new equivalent of the old Section 154 CrPC. It mandates that every piece of information relating to the commission of a 'cognizable offence' (serious crimes like murder or grievous hurt where police can arrest without a warrant) must be recorded by the police.

Key updates in the BNSS include:

1. Electronic Filing: Section 173(1) specifically allows you to give information about a crime through electronic communication (e-FIR), though you must sign it within three days to make it official.
2. Zero FIR: While the term 'Zero FIR' isn't explicitly in the text, the principle that a police station must register an FIR regardless of whether the crime happened in their jurisdiction is upheld by the Supreme Court and reinforced by the procedural requirements of Section 173.
3. Mandatory FIR: The landmark judgment in Lalita Kumari vs. Govt. of U.P. (2014) [https://indiankanoon.org/doc/10239019/] still holds: if the information discloses a cognizable offence, the police have no discretion—they must register the FIR.

For more on the basics of police interaction, see our guide on How to file an FIR (and what to do if police refuse).

Step-by-step playbook

1. The Immediate Response (0–30 Minutes)

• Call 112: This is the pan-India emergency number. The call is recorded, creating an immediate digital trail that you reported an incident. Mention the location (e.g., the Yamaha showroom) and the nature of the violence.
• Do Not Clean Up: In cases of physical violence or death, the 'crime scene' is everything. Do not move furniture, wash away bloodstains, or touch weapons.
• Identify Witnesses: If you are a colleague or bystander, note down the names and phone numbers of everyone present. In the Bihar case, the quick arrest of Sonu Paswan was possible because witnesses could identify him immediately.

2. Evidence Preservation

• Secure CCTV: If the office has cameras, ensure the manager or owner locks the DVR/NVR. Do not try to download it yourself if you don't know how; just ensure it isn't overwritten (most systems overwrite after 7–15 days).
• Phone Footage: If anyone recorded the incident on their phone, tell them not to delete it or 'edit' it for social media. The raw file with metadata is needed for evidence under Section 61 of the Bharatiya Sakshya Adhiniyam (BSA), 2023.
• Digital Threats: If the attacker sent threatening messages or emails earlier, preserve those. If the harassment happened online, refer to the Cyber Crime reporting portal.

3. Drafting the Complaint

Go to the nearest police station. You don't need a lawyer to draft a complaint. Write a simple, chronological account:

• Who: Name and description of the attacker (e.g., Sonu Paswan, ex-employee).
• What: Exactly what happened. Use clear words: "He hit him with a [object] on the head multiple times."
• When: Date and exact time.
• Where: The specific office/showroom location.
• Why: Any known motive (e.g., termination of employment).

4. Filing the FIR (Section 173 BNSS)

• The Signature: Once the police type up the FIR, read it carefully. Ensure they haven't diluted the facts (e.g., calling a murder 'a scuffle').
• The Free Copy: Under Section 173(2) of the BNSS, you are legally entitled to a free copy of the FIR immediately. Do not leave the station without it.
• The Receipt: If you submitted a written complaint but they haven't converted it to an FIR yet, get a 'Received' stamp on a photocopy of your complaint.

5. Managing Trauma and Follow-up

Violent incidents leave deep psychological scars on survivors and colleagues. While the legal process moves, mental health cannot be ignored. Check the Mental health helplines (iCall, Vandrevala, NIMHANS) for immediate support.

6. Escalation if Police Refuse

If the police refuse to register the FIR (which often happens if the attacker has local influence):

• Send by Post: Send your complaint to the Superintendent of Police (SP) via Registered Post AD under Section 173(4) of the BNSS.
• Magistrate Route: If the SP doesn't act, you can approach the Judicial Magistrate under Section 175(3) of the BNSS to seek an order for an investigation.

For broader context on your rights as a citizen, Browse all civic-action guides.

Where it usually breaks

Even with a clear-cut case like a workplace assault, the system doesn't always move as smoothly as the law books say. Here is where you’ll likely hit a wall and how to climb over it:

1. The "Preliminary Inquiry" Trap

Under the new Section 173(3) of the BNSS, for offences punishable with 3 to 7 years of imprisonment, the police have the power to conduct a "preliminary inquiry" within 14 days to see if a prima facie case exists.

• The Problem: Police might try to use this as an excuse to delay registering an FIR even for serious violence (like Section 117 BNS - Grievous Hurt).
• The Workaround: If the violence involves a weapon or results in severe injury/death, it is a cognizable offence. Remind the officer that the Supreme Court in Lalita Kumari vs. Govt. of U.P. (2014) [https://indiankanoon.org/doc/10239019/] ruled that if a cognizable offence is disclosed, an FIR is mandatory. A preliminary inquiry is not meant to verify the truth of the information, only whether the information reveals a serious crime.

2. CCTV "Technical Issues"

In workplace violence, the management might be hesitant to hand over CCTV footage because they fear liability or "bad PR."

• The Problem: You are told the "cameras weren't working" or the "DVR is locked."
• The Workaround: Don't wait for the police to seize it. Send a formal email or a WhatsApp message to the office admin/owner immediately, stating: "We request you to preserve the CCTV footage from [Time] to [Time] on [Date] as it contains evidence of a criminal offence." This creates a paper trail. If they delete it after this, they can be charged under Section 238 of the BNS (causing disappearance of evidence).

3. The "Compromise" Pressure

Local "influentials" or even the police might suggest a samjhauta (settlement), especially if the accused has connections.

• The Problem: You are told that "it was just a heat-of-the-moment fight" and filing a case will "ruin the boy's career."
• The Workaround: Serious violence (like murder or grievous hurt) is non-compoundable. This means legally, you cannot just "settle" it and withdraw the FIR. Tell the officer you want the law to take its course and that you are not interested in a compromise.

4. Jurisdiction Ping-Pong

The police might tell you to go to a different station because the office falls under another "area."

• The Problem: Wasting "Golden Hour" time traveling between stations.
• The Workaround: Insist on a Zero FIR. Under Section 173 BNSS, any police station is bound to record the information. They can later transfer the file to the relevant station. If they refuse, call 112 while standing inside the station to report the refusal.

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Templates / script

A. Script for calling 112 (Immediate report)

"Hello, I am calling from [Exact Location/Showroom Name]. There has been a severe physical assault/murder here. The victim is [Name/Colleague] and the attacker is [Name/Description]. We need an ambulance and police immediately. Please note my number for the record. I am reporting a cognizable offence under Section 173 of the BNSS."

B. Written Complaint Template (To be handed to the SHO)

If the police are hesitant to draft the FIR, hand them this written complaint. Get a "Received" stamp on a photocopy for yourself.

To, The Station House Officer (SHO), [Name of Police Station], [District, State]

Subject: Information regarding commission of cognizable offences under Sections 103/115/117 of the BNS.

Sir/Madam, I, [Your Name], s/o or d/o [Parent's Name], resident of [Your Address], wish to report an incident of violence that occurred on [Date] at approximately [Time] at [Workplace Address].

1. The Incident: [Describe exactly what happened. Example: At 2:00 PM, an ex-employee named Sonu Paswan entered the showroom and began hitting the manager, Mohammad Faiz, with a heavy object.]
2. The Result: [Describe the injury or death. Example: The manager fell unconscious and was later declared dead at the hospital.]
3. Witnesses: The incident was witnessed by [Witness Name 1] and [Witness Name 2].
4. Evidence: The incident is recorded on the showroom’s CCTV cameras.

I request you to register an FIR under Section 173 of the BNSS and initiate an investigation immediately. As per Section 173(2) of the BNSS, please provide me with a copy of the FIR free of cost.

Yours faithfully, [Your Signature] [Your Phone Number] Date: [Today's Date]

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FAQs

1. Can a friend or colleague file the FIR if the family isn't there?

Yes. Anyone who has knowledge of a cognizable offence (a serious crime) can set the law in motion. You do not need to be a blood relative. In the Bihar showroom case, colleagues are often the primary witnesses and the first to report.

2. Is there a fee for filing an FIR or getting a copy?

Absolutely not. Under Section 173(2) of the BNSS, the police are legally required to give you a copy of the FIR "forthwith" and "free of cost." If they ask for money for "paper" or "petrol," it is an illegal bribe.

3. What if I file an e-FIR?

Under Section 173(1) BNSS, you can report a crime via email or a police portal. However, for the FIR to be officially registered, you must go to the police station and sign the document within three days of sending the electronic communication.

4. What if the SHO refuses to register the FIR?

If the SHO refuses, do not argue. Send your complaint via Registered Post or email to the Superintendent of Police (SP) or DCP under Section 175(3) of the BNSS. If the SP is satisfied that a cognizable offence is made out, they will either investigate it themselves or order an FIR.

5. Can I be arrested for reporting a crime if the accused is powerful?

Reporting a crime is your civic duty. As long as you are telling the truth, you are protected. In fact, if you witness a serious crime like murder and intentionally omit to give information, you could technically be charged under Section 239 of the BNS.

6. How do I know which sections of the BNS apply?

You don't need to be a lawyer. Describe the facts clearly. The police are responsible for applying the correct sections. However, for physical violence, you can mention you suspect offences under Section 115 (Voluntary hurt) or Section 117 (Grievous hurt) of the BNS to show you know your rights.

7. What happens after the FIR is filed?

The police must start an investigation. Under Section 193(3) of the BNSS, the police must provide you (the informant/victim) with a progress report on the investigation within 90 days. This is a new transparency measure in the law.