How to file an FIR for crimes in Himachal Pradesh under BNSS 173

The Hook

You are on a trip to Manali, maybe exploring the cafes in Old Manali or heading up towards Rohtang, when you witness or experience something that shouldn't happen in a place known as 'Devbhoomi.' It could be a physical assault, a serious theft, or the kind of harassment that makes you feel unsafe. Your first instinct might be to vent on Reddit or Instagram to warn others, but that doesn't hold the perpetrator accountable. Keeping Himachal Pradesh safe for everyone—locals and tourists alike—requires using the legal tools at your disposal. If you are worried that reporting a 'disturbing incident' will ruin your holiday or that the police won't listen because you are an outsider, this guide is for you. Here is how you turn that 'disturbing incident' into a legal record that the authorities cannot ignore.

What the law actually says

As of July 1, 2024, the rules for reporting crimes in India have changed. The old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Similarly, the Indian Penal Code (IPC) is now the Bharatiya Nyaya Sanhita (BNS), 2023.

The Mandatory FIR (Section 173 BNSS)

Under Section 173 of the BNSS (which replaces the old Section 154 of the CrPC), if you provide information about a 'cognizable offence' (serious crimes like assault, rape, or theft where police can arrest without a warrant), the police are legally obligated to register an First Information Report (FIR).

The 'Zero FIR' Rule

One of the biggest hurdles for travelers in Himachal is the 'jurisdiction' excuse. A police officer might tell you, "This happened in Kasol, go to the Bhuntar station." Under the new BNSS framework, this is no longer a valid reason to turn you away. The proviso to Section 173(1) of the BNSS explicitly allows for the registration of an FIR irrespective of the area where the offence was committed. This is commonly known as a Zero FIR. The police station you are currently at must record the information, give it a serial number '0', and then transfer it to the relevant station later.

The Lalita Kumari Precedent

The Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014) remains the gold standard. It ruled that registration of an FIR is mandatory under Section 154 of the CrPC (now Section 173 BNSS) if the information discloses the commission of a cognizable offence. No 'preliminary inquiry' is allowed for most violent crimes; they must file the FIR first and then investigate.

Digital Reporting

Section 173 also officially recognises 'electronic communication.' You can send your complaint via email or the HP Police portal. However, for it to be treated as a formal FIR, you must sign the record within three days.

If you are dealing with online harassment or a digital scam while in Manali, you should also check our guide on the Cyber Crime reporting portal.

Step-by-step playbook

Step 1: Secure your safety and evidence

Before heading to the Thana (police station), ensure you are in a safe spot. If there are physical injuries, go to the nearest government hospital (like the Civil Hospital in Manali). Ask for a Medico-Legal Case (MLC) report. This is a crucial piece of evidence that the police cannot ignore. Take photos of any property damage or injuries, and note down the exact time and location (GPS coordinates from Google Maps help a lot).

Step 2: Draft your complaint

Don't wait to reach the station to start thinking about what to say. Write it down on a piece of paper or in your phone notes first. Your complaint should include:

1. The 'Who': Description of the accused. If you don't know names, describe clothing, height, vehicle numbers, or any distinct mountain-slang they used.
2. The 'Where': Be specific. "Near the bridge in Vashisht" is better than "Manali."
3. The 'What': Use plain English or Hindi. Avoid trying to sound like a lawyer. Just state the facts: "He hit me with a stick," or "They snatched my bag."

Step 3: Head to the nearest Police Station

In Manali, the main police station is located near the Mall Road. If you are a woman and the crime is of a sexual nature (harassment, stalking under Section 78 BNS), demand that your statement be recorded by a woman police officer, as mandated by Section 173(1) BNSS.

If you are feeling overwhelmed, you can call the 112 Emergency Response Support System first to get a police van to your location. For incidents involving minors, immediately contact Childline India: 1098.

Step 4: Filing the Zero FIR

If the officer says the incident happened outside their 'limit,' calmly cite Section 173 of the BNSS. Tell them: "I am a traveler and I cannot travel to another district right now. Please file a Zero FIR and transfer it."

Step 5: Read and Sign

Once the officer types the FIR, they are required by law to read it back to you. Ensure every detail is correct. Under Section 173(2) of the BNSS, you are entitled to a copy of the FIR free of cost immediately. Do not leave the station without this copy or the FIR number.

Step 6: What to do if they refuse

If the SHO (Station House Officer) refuses to register the FIR:

1. The SP Route: Under Section 173(4) of the BNSS, you can send the substance of the information in writing and by post to the Superintendent of Police (SP) of the district (for Manali, this is the SP Kullu). If the SP is satisfied that a cognizable offence is made out, they will either investigate it themselves or direct an officer to do so.
2. The Judicial Route: If the SP also fails to act, you can approach the local Magistrate under Section 175(3) of the BNSS (formerly 156(3) CrPC) to order the police to register the FIR and investigate.

If the incident has caused you significant distress, remember that your mental well-being is a priority. You can reach out to Mental health helplines (iCall, Vandrevala, NIMHANS) for support.

For more general information on police interactions, see our guide on How to file an FIR (and what to do if police refuse). To explore more ways to take action, Browse all civic-action guides.

Where it usually breaks

Even with the new BNSS laws, the ground reality at a Thana in a tourist town like Manali can be frustrating. Here is where the process typically stalls and how you can push through:

1. The "Go to that Station" Excuse: Despite the clear mandate for a Zero FIR under Section 173(1) of the BNSS, officers might try to redirect you to the station where the incident happened (e.g., telling you to go from Manali to Patlikuhal).

   • The Workaround: Politely but firmly mention that under the Proviso to Section 173(1) of the BNSS, they are legally bound to record the information regardless of jurisdiction. If they refuse, tell them you will be forced to send the complaint to the Superintendent of Police (SP) Kullu via registered post under Section 173(4) of the BNSS.

2. Pressure to "Compromise" (Aapsi Samjhouta): In cases of brawls or harassment, police often suggest a settlement, citing that "court cases take years" and "you are a tourist, how will you come back for hearings?"

   • The Workaround: Do not sign any document that says you have "settled" the matter unless you genuinely want to. Remind them that under the new law, many statements and even evidence can be recorded via video calling/electronic means, reducing the need for physical travel for every hearing.

3. Registration as an 'NCR' instead of an 'FIR': The police might record your complaint in the Daily Diary (GD) or as a Non-Cognizable Report (NCR) for "minor" issues. An NCR does not give them the power to investigate or arrest without a Magistrate's order.

   • The Workaround: If the crime involves any form of violence, molestation, or theft over a certain value, it is a cognizable offence. Check your copy of the report. If it doesn't have an "FIR Number," it’s likely an NCR. Demand an FIR by citing the Lalita Kumari (2014) judgment, which makes FIR registration mandatory for cognizable offences.

4. The Portal is "Down": Himachal Pradesh uses the CCTNS (Crime and Criminal Tracking Network & Systems). You might be told the server is down or there is no electricity.

   • The Workaround: Hand over a written and signed physical complaint. Ask for a "Received" stamp on a photocopy of that complaint. This acts as legal proof that you reported the crime, which you can later use to escalate to the SP or a Magistrate.

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Templates / script

Script: When the officer refuses a Zero FIR

You: "Sir, I understand this happened in the jurisdiction of another station, but under Section 173(1) of the BNSS, you are required to file a Zero FIR and then transfer it. I am a traveler and cannot keep roaming between stations. Please record my statement." Officer: "Humare paas jurisdiction nahi hai, wahi jaana padega." (We don't have jurisdiction, you'll have to go there.) You: "Sir, the law changed on July 1, 2024. If you refuse, I will have to mention your refusal in my application to the SP Kullu under Section 173(4) of the BNSS. I would prefer to resolve this here."

Template: Complaint to the Superintendent of Police (SP)

Use this if the local station refuses to file your FIR. Send this via Registered Post or Email to the SP of the district (e.g., [email protected] for Kullu).

To, The Superintendent of Police, District [Kullu/Shimla/Lahaul & Spiti], Himachal Pradesh.

Subject: Complaint under Section 173(4) of the BNSS regarding refusal to register FIR.

Respected Sir/Madam, I am writing to bring to your notice a cognizable offence that occurred on [Date] at [Exact Location, e.g., near Old Manali Bridge].

Details of the incident: [Briefly describe what happened—who, what, where].

I approached the [Name of Police Station, e.g., Manali PS] on [Date] at [Time], but the Officer-in-Charge refused to register an FIR, citing [Reason given by police].

Under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), I request you to either investigate the matter yourself or direct the registration of an FIR and an investigation by the relevant subordinate officer.

Enclosures:

1. Copy of the original written complaint.
2. Photos/Medical report (if any).

Sincerely, [Your Name] [Your Phone Number] [Your Address]

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FAQs

1. Does it cost money to file an FIR in Himachal Pradesh?

No. Filing an FIR is absolutely free. Under Section 173(2) of the BNSS, the police are legally required to give you a copy of the FIR immediately, free of cost. If an officer asks for a "fee" or "station expenses," it is illegal. You can report this to the State Vigilance and Anti-Corruption Bureau at their helpline 1064.

2. Can I file an FIR online if I have already left Manali?

Yes, you can use the HP Police Citizen Portal (hppolice.gov.in) or the 'Sachetak' app. However, under Section 173(1) of the BNSS, for an electronic complaint to be officially treated as an FIR, you must visit the police station and sign the record within three days. If you can't return, send a signed physical copy via registered post to the SP.

3. What if the police say the incident is "too minor" for an FIR?

The law distinguishes between 'Cognizable' and 'Non-Cognizable' offences. Serious crimes (theft, physical assault, criminal intimidation) are cognizable, and an FIR is mandatory. For minor petty disputes, they might file an NCR. If you believe the crime was serious, use the Section 173(4) route to the SP to challenge their classification.

4. Do I need a lawyer to go to the police station?

No, you do not need a lawyer to file an FIR. You have the right to walk into any station and report a crime. However, if the police are being particularly difficult or if the crime is very complex, having a local lawyer can help ensure the correct sections of the Bharatiya Nyaya Sanhita (BNS) are applied.

5. I am a solo female traveler; can I request a female officer?

Yes. Under the Proviso to Section 173(1) of the BNSS, if the offence is against a woman (harassment, assault, etc.), the information must be recorded by a woman police officer. In Himachal, many major tourist stations like Manali and Shimla have dedicated Women's Help Desks or female personnel available.

6. How do I track what happened to my FIR?

Once the FIR is registered, you will get an FIR number (e.g., FIR No. 123/2026). You can track the status of the investigation on the CCTNS Himachal Pradesh portal. Additionally, under Section 193(3)(ii) of the BNSS, the police are now required to inform the informant (you) about the progress of the investigation within 90 days.