How to file an FIR and what to do if the police refuse (BNSS Section 173)

The "What? 😭" moment at the police station

You’re standing at the desk of your local thana. Maybe your phone got snatched at the metro station, you’ve been harassed online, or you’re helping a friend report a serious incident. You tell the officer what happened. Instead of picking up a pen, they give you “the look.” They tell you it’s a “minor matter,” or ask you to “come back tomorrow when the Senior Inspector is here,” or worse, tell you to just file a “missing report” instead of an FIR. You’re left standing there thinking, “What? 😭 Is this even legal?”

In India, the first step to justice is often the hardest because of this gatekeeping. But the law is actually on your side. If a crime has been committed, the police don’t get to choose whether to help you—they are legally mandated to do so. Understanding the new Bharatiya Nagarik Suraksha Sanhita (BNSS) is your best defense against being sent home empty-handed.

What the law actually says

Since July 1, 2024, the old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS). If you are reporting a crime today, you are dealing with the BNSS.

Section 173 of the BNSS (which replaces the old Section 154 of the CrPC) is the most important rule you need to know. It states that every piece of information relating to the commission of a “cognizable offence” (serious crimes like theft, assault, or rape where police can arrest without a warrant) must be recorded by the police as a First Information Report (FIR).

The Lalita Kumari Mandate

Even though the BNSS is new, the legal principles established by the Supreme Court still stand. In the landmark case Lalita Kumari vs. Govt. of U.P. (2014), the Court ruled that registration of an FIR is mandatory if the information discloses the commission of a cognizable offence. The police cannot perform a “preliminary inquiry” to check if your story is true before filing the FIR for serious crimes.

Preliminary Inquiry (Section 173(3) BNSS)

The new BNSS has introduced a specific window for certain crimes. For offences punishable with 3 to 7 years of imprisonment, an officer may conduct a preliminary inquiry to see if a prima facie case exists. However, this must be completed within 14 days and requires permission from an officer of the rank of Deputy Superintendent of Police. If the crime is serious (punishable by more than 7 years), the FIR must be registered immediately.

The Zero FIR Rule

Under Section 173(1) of the BNSS, you can file an FIR at any police station, regardless of where the crime took place. This is called a “Zero FIR.” The officer is legally bound to record the information and then transfer it to the police station that has the actual jurisdiction. They cannot tell you “this isn’t our area” and send you away.

Your playbook: From "No" to "Registered"

Step 1: Identify the offence type

Before you go to the station, figure out if the crime is “cognizable.” Most “What? 😭” moments happen because the police claim it is a “non-cognizable” (NC) matter. For NC offences (like simple defamation or minor scuffles), the police only enter details in a Daily Diary and you must approach a Magistrate yourself. However, theft (Section 303 BNS), assault (Section 115 BNS), and criminal intimidation (Section 351 BNS) are cognizable. If you're unsure, check the BNS schedule or look at our guide on how to file an FIR (and what to do if police refuse).

Step 2: The verbal request and “The Script”

Walk up to the Duty Officer. Be polite but firm.

• What to say: “Sir/Ma’am, I want to register an FIR under Section 173 of the BNSS for a cognizable offence.”
• If they refuse: “As per the Supreme Court’s judgment in Lalita Kumari (2014), you are legally required to register an FIR if a cognizable offence is disclosed. If you believe a preliminary inquiry is needed under Section 173(3), please provide the written order from the DSP.”

Step 3: Submit a written complaint

If the officer refuses to type the FIR, do not argue. Write down your complaint yourself. Address it to the “Station House Officer (SHO).” Clearly state the date, time, location, and details of the incident.

• Crucial Action: Make two copies. Give one to the officer and ask for a “Received” stamp and signature on your copy. This is your proof of attempt. If they refuse to stamp it, take a photo of the complaint sitting on their desk.

Step 4: The Registered Post escalation (Section 173(4) BNSS)

If the SHO still won’t file the FIR, leave the station. Do not waste energy there. Go to the nearest Post Office and send your written complaint to the Superintendent of Police (SP) or Commissioner of Police (CP) of your district via Registered Post AD (Acknowledgment Due).

• Under Section 173(4) of the BNSS, if the SP is satisfied that a cognizable offence is disclosed, they must either investigate it themselves or direct an officer to do so. The postal receipt is your legal evidence that the police were informed.

Step 5: The Magistrate route (Section 175(3) BNSS)

If the SP also fails to act, you have a powerful backup. You can approach the local Judicial Magistrate under Section 175(3) of the BNSS (formerly Section 156(3) of the CrPC). You will usually need a lawyer for this. The Magistrate has the power to order the police to register the FIR and report back on the investigation progress.

Step 6: Use the Digital Portal

For specific crimes like theft or vehicle theft where the accused is unknown, many states allow e-FIRs. For any form of online harassment or financial fraud, immediately use the Cyber Crime reporting portal. This creates a digital paper trail that is harder for local officers to ignore.

Timeline to expect:

1. Immediate: FIR registration for serious cognizable crimes.
2. 14 Days: Maximum time for a preliminary inquiry if the crime carries a 3–7 year sentence.
3. 24 Hours: You are entitled to a free copy of the FIR immediately after it is signed. If they try to charge you, remind them it is free under the law.

If you find the process overwhelming, you can browse all civic-action guides for more specific toolkits on dealing with authorities or file an RTI online to ask for the status of your pending complaint.

Where it usually breaks

Even if you know the law, the "system" has its own way of lagging. Here are the most common ways police might try to dodge an FIR and how you can override them:

1. The "NC" Trap: The officer might say, "We’ll just file an NC (Non-Cognizable) report." An NC means the police won't investigate unless a Magistrate orders them to.

   • The Workaround: Check if your complaint involves "cognizable" offences like theft, physical assault, or criminal intimidation. If it does, politely tell them: "Sir, this is a cognizable offence under the BNS. As per Section 173 of the BNSS, you are required to register an FIR, not just an NC entry."

2. The "Jurisdiction" Excuse: They might say the crime happened in a different area so you should go to that specific thana.

   • The Workaround: Use the term "Zero FIR." Under Section 173(1) of the BNSS, any police station is legally required to record your information regardless of where the crime happened. They must register it as a Zero FIR and transfer it themselves. You don't have to be the courier.

3. The "Come Back Later" Stall: They might claim the "Computer is down," the "Writer is away," or the "SHO is in a meeting."

   • The Workaround: If they keep stalling, don't just leave. Use Section 173(4) of the BNSS. Go home and send your complaint in writing via Registered Post to the Superintendent of Police (SP) or the DCP of your zone. Once they receive it, they are duty-bound to either investigate it themselves or direct an officer to do so.

4. Pressure to "Compromise": They might try to act as a mediator, asking you to "settle it" with the other party.

   • The Workaround: Stand your ground. Tell them, "I am not looking for a settlement; I want a legal record of this incident." If they refuse, start recording the interaction (if safe) or note down the officer's name and buckle number for a formal complaint later.

Templates / script

Don't go empty-handed. Use these drafts to ensure your words carry legal weight.

Script: Talking to the Duty Officer

You: "I am here to report a cognizable offence involving [mention the crime, e.g., theft/physical assault]. I would like to file an FIR under Section 173 of the BNSS." Officer: "Just give us a plain paper application, we will look into it." You: "I have the written complaint ready, but I need the FIR number and a free copy of the FIR as mandated by Section 173(2) of the BNSS. If you believe a preliminary inquiry is needed, please provide the entry details as per Section 173(3)."

Template: Written Complaint to the SHO

Use this if they ask for a written statement. Hand over two copies; get one stamped as "Received."

To, The Officer-in-Charge, [Name of Police Station], [City/District].

Subject: Complaint regarding [Type of Crime] and request for registration of FIR under Section 173 BNSS.

Respected Sir/Ma'am,

I, [Your Name], S/o or D/o [Parent's Name], residing at [Your Address], wish to report the following incident:

1. Date & Time: [When it happened]
2. Location: [Where it happened]
3. The Incident: [Describe what happened clearly and chronologically. Mention names of accused if known, or physical descriptions.]
4. Evidence: [Mention if you have CCTV footage, photos, or witnesses.]

The above facts disclose the commission of a cognizable offence. I request you to register an FIR and provide me with a copy free of cost as per Section 173(2) of the BNSS.

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

Template: Letter to the SP (If the local station refuses)

Send this via Registered Post AD (Acknowledgement Due).

To, The Superintendent of Police (SP) / DCP, [District/Zone Name], [City].

Subject: Information regarding a cognizable offence under Section 173(4) of the BNSS.

Sir/Ma'am,

I am writing to bring to your notice that on [Date], I approached the [Local Police Station Name] to report [Brief Description of Crime]. However, the officer in charge refused to register an FIR.

As per Section 173(4) of the BNSS, I am submitting this information to you in writing. I request you to investigate the matter or direct the registration of an FIR to ensure justice.

[Attach a copy of the original complaint and the postal receipt of the first attempt if any.]

Yours faithfully, [Your Name & Signature]

FAQs

1. Does filing an FIR cost any money? No. Filing an FIR is absolutely free. Section 173(2) of the BNSS explicitly states that a copy of the FIR must be provided to the informant "forthwith, free of cost." If an officer asks for money for "paperwork" or "petrol," it is a bribe. You can report this to the Anti-Corruption Bureau (ACB).

2. Can I file an FIR online? Yes. The BNSS now formally recognizes "electronic communication" for FIRs. Most states have portals (like Delhi Police’s 'e-FIR' or Mumbai Police’s online portal). However, for an e-FIR to be officially signed and processed as a regular FIR, you usually have to visit the station within 3 days to sign the record, unless it’s for specific items like a stolen vehicle or phone.

3. What happens if I file a "False FIR"? Don't do it. If you knowingly give false information to the police to get someone into trouble, you can be prosecuted under Section 217 of the Bharatiya Nyaya Sanhita (BNS). This can lead to imprisonment for up to 6 months or a fine. Only report what you know to be true.

4. Can the police refuse an FIR if I don't know the name of the attacker? No. An FIR is a report about a crime, not necessarily a specific person. If the offender is unknown, the police will mark the FIR against "Unknown Persons." They cannot refuse to register it just because you don't have the suspect's Aadhaar details.

5. How much time do I have to file an FIR? While there is no strict "expiry date" for most serious crimes, you should file it as soon as possible. Delaying it gives the police a reason to doubt the "vibe" of your story. If there is a delay (e.g., you were in the hospital), explain the reason for the delay clearly in the complaint.

6. What is the difference between an FIR and a Daily Diary (DD) Entry? A Daily Diary entry (or General Diary) is just a record that you visited the station and said something happened. It does not start an investigation. An FIR is the official "on" switch for the criminal justice system. If a serious crime happened, don't settle for just a DD entry.

7. Can I file an FIR for a "Missing" phone? Usually, for lost items (where no theft/snatching was involved), police file a "Lost Property Report" or an NC. But if someone snatched it from your hand, that is "Theft" or "Robbery"—a cognizable offence—and you are entitled to a full FIR. Know the difference so you aren't talked down.