How to visit a police station and file an FIR under BNSS 2023

1. The Hook

You’re standing outside the gates of the local thana. Maybe your phone was snatched, or a neighbor has been making credible threats against you. Your heart is racing because you’ve seen the movies—the shouting, the "come back tomorrow" attitude, and the general vibe that you’re the one doing something wrong by showing up. Stop. You aren't at their mercy; you are a citizen with specific rights under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Whether you are there to report a crime or simply seek assistance, knowing the rules before you step inside changes the power dynamic instantly. You aren't just a complainant; you are a person the law is designed to protect.

2. What the law actually says

As of July 1, 2024, the old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS). While the core process of reporting remains similar, there are key updates you must know to avoid being misled by an officer who might still be quoting old sections.

The FIR (Section 173 BNSS)

Section 173 of the BNSS (which replaces the old Section 154 CrPC) governs the registration of a First Information Report (FIR). If you are reporting a cognizable offence—crimes like theft, assault, or kidnapping where police can arrest without a warrant—the police are legally bound to register an FIR. In the landmark case of Lalita Kumari vs. Govt. of UP (2014), the Supreme Court ruled that registration of an FIR is mandatory if the information discloses a cognizable offence.

Preliminary Inquiry (Section 173(3) BNSS)

A major update in the BNSS is the formalisation of a "Preliminary Inquiry." For offences punishable with 3 to 7 years of imprisonment, an officer can conduct a quick check to see if there is a prima facie case before filing the FIR. This must be completed within 14 days. However, they cannot use this to delay cases of serious violence or sexual assault.

Zero FIR and e-FIR

Under the proviso to Section 173(1) of the BNSS, you can now report a crime regardless of where it happened. This is called a Zero FIR. The police station you visit must record the information and then transfer it to the relevant station. Additionally, the BNSS now explicitly allows for electronic communication (e-FIR). If you send a complaint via email or a portal, you must go to the station within 3 days to sign the document for it to be officially recorded.

Rights of Women and Vulnerable Groups

If the victim is reporting sexual harassment or assault, the statement must be recorded by a female police officer (Section 173(1) proviso). Furthermore, Section 173(2) mandates that a copy of the FIR must be given to the informant free of cost immediately.

3. Step-by-step playbook

Step 1: Prepare your complaint at home

Do not rely on the police to write your story for you. They might summarise it in a way that weakens your case.

• What to do: Write a clear, chronological account of what happened. Include dates, times, location, and a description of the accused (if known).
• What to bring: Two copies of this written complaint. One for them, one for you to get a "Received" stamp on. Carry a valid ID (Aadhaar or DL) and any physical evidence like screenshots (printed) or medical reports.

Step 2: Identify the Duty Officer

When you enter, ask for the Duty Officer or the "Writer." You do not need to speak to the SHO (Station House Officer) immediately.

• Timeline: This should happen within 10–15 minutes of entry. If you are ignored, politely ask for the Station Diary number to show you were present.
• If it fails: If the junior staff is dismissive, ask to see the SHO. If the SHO is "busy" for over an hour, note the time and the names of the officers you spoke to.

Step 3: Filing the FIR vs. the GD Entry

There is a difference between a "complaint" and an "FIR." For minor issues (lost wallet, non-violent verbal spat), they will make an entry in the General Diary (GD) or Daily Diary. For serious crimes, insist on an FIR.

• What to do: Tell the officer: "I am reporting a cognizable offence under Section 173 of the BNSS. Please register an FIR."
• The e-FIR route: If the station is hostile, you can use the Cyber Crime reporting portal for online frauds or the state-specific police app (e.g., Delhi Police Tatpar) to file an e-FIR. You must visit to sign it within 72 hours.

Step 4: The Zero FIR Hack

If the officer says, "This didn't happen in my jurisdiction, go to the other station 5km away," do not leave.

• What to do: Cite the proviso to Section 173(1) BNSS. Say, "Under BNSS, you are required to file a Zero FIR and transfer it yourself." This prevents you from running between stations while evidence goes cold.

Step 5: Read and Sign

The officer will type the FIR based on your statement.

• What to do: Read every single line. Ensure they haven't added phrases like "it was dark so I couldn't see clearly" if you didn't say that. Once satisfied, sign it.
• The Receipt: Demand your free copy. It must have the official station stamp and the signature of the Duty Officer. Do not leave without this. This is your proof that the law is now in motion.

Step 6: What to do if they refuse

If the officer flat-out refuses to file an FIR despite a cognizable offence being clear:

1. Section 173(4) BNSS: Send your complaint via Registered Post with Acknowledgment Due (AD) to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
2. The Magistrate Route: If the SP doesn't act, you can approach the local Magistrate under Section 175(3) of the BNSS (formerly 156(3) CrPC) to order the police to investigate.

For more details on handling police refusal, read our guide on How to file an FIR (and what to do if police refuse). If the incident involves harassment at a workplace or institution, ensure you also check the POSH at workplace and college protocols.

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Where it usually breaks

Even with the law on your side, the "ground reality" at a thana can be frustrating. Here is where the process typically stalls and how you can push through:

1. The "This is a Civil Matter" Pivot If you are reporting a scam, a property dispute that turned violent, or a cheque bounce, the officer might say, "This is a civil case, go to court." They do this to keep their "crime statistics" low.

• The Workaround: Focus on the criminal element. If there was a threat (Section 351 BNSS), a physical scuffle, or clear cheating (Section 318 BNSS), insist that while there is a civil dispute, a cognizable offence has occurred. Ask them to record your statement anyway and give you a rejection in writing if they refuse.

2. The "Jurisdiction" Trap (Refusing Zero FIR) An officer might tell you, "This happened in the next colony, that’s under the jurisdiction of the other thana. Go there."

• The Workaround: Remind them of the proviso to Section 173(1) of the BNSS. Legally, they must record the information regardless of where the crime happened. This is a "Zero FIR." They can transfer it to the right station later. If they refuse, start recording a video (if safe) or note down the officer’s name and belt number.

3. Misusing the "Preliminary Inquiry" (Section 173(3)) Under the BNSS, for crimes punishable by 3 to 7 years, police can take up to 14 days to conduct a "preliminary inquiry" before filing an FIR. Officers might use this as an excuse to do nothing for two weeks.

• The Workaround: This inquiry is only to see if a prima facie case exists. It is NOT a full investigation. If you have clear evidence (video, medical report, screenshots), demand that the FIR be registered immediately as the "existence of a case" is already evident.

4. The Missing "Received" Stamp You hand over a written complaint, and the officer says, "Okay, we’ll look into it," and puts it in a drawer. Without a "Received" stamp on your photocopy, you have no proof you were ever there.

• The Workaround: Do not leave without a General Diary (GD) entry number or a stamped copy of your complaint. If they refuse, go to the nearest post office and send the complaint to the SHO via Registered Post AD. The postal receipt is your legal proof of filing.

Templates / script

A. The Written Complaint Template

Use this as the base for your FIR. Print two copies.

To, The Station House Officer, [Name of Police Station, e.g., Vasant Kunj North], [City, State], Date: [DD/MM/YYYY]

Subject: Complaint regarding [Short description, e.g., mobile snatching / physical assault] under Section 173 of BNSS.

Respected Sir/Madam,

I, [Your Name], S/o or D/o [Parent's Name], aged [Age], residing at [Your Address], wish to report a cognizable offence.

Details of Incident:

1. Date & Time: [e.g., May 1, 2026, at 4:30 PM]
2. Location: [Be specific, e.g., near Gate No. 2, Metro Station]
3. The Event: [Write 3-5 clear sentences. "Two men on a black bike (No. DL 1S XXXX) approached me. The pillion rider grabbed my phone (iPhone 15) and pushed me to the ground. They fled towards..."]
4. Description of Accused: [Height, clothes, any identifying marks].

I request you to register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) and provide me with a free copy as per Section 173(2) of BNSS.

Sincerely, [Your Signature] [Your Phone Number]

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B. Script for when they refuse a Zero FIR

You: "Sir, I want to file a Zero FIR for this theft." Officer: "This didn't happen in my area. Go to the City Station." You: "Sir, under the proviso to Section 173(1) of the BNSS, you are required to record the information regardless of jurisdiction. You can transfer the Zero FIR to the City Station later, but the law says you must record it now because I am here." Officer: "I don't have the forms." You: "Sir, please make a note in the General Diary (GD) that I approached you and you are unable to file it. I will need that diary number to update the Superintendent of Police (SP) under Section 173(4) BNSS." (This usually gets them moving).

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C. Email to the SP/DCP (If the station refuses)

To: [Email of your district SP/DCP - find this on the state police website] Subject: Grievance under Section 173(4) BNSS - Refusal to register FIR by [Station Name]

Respected Sir/Madam,

I am writing to inform you that on [Date], I approached [Name of Police Station] to report a cognizable offence regarding [Brief issue]. The Duty Officer/SHO refused to register the FIR.

As per Section 173(4) of the BNSS, I am submitting the substance of the information to you. I request you to either investigate the matter yourself or direct the registration of an FIR. Attached is the copy of the original complaint.

[Your Name & Contact]

FAQs

Q1: Can I file an FIR for a lost wallet or ID card online? Most states (like Delhi, Maharashtra, or Karnataka) have a "Lost Report" or "E-FIR" portal for non-violent crimes like lost documents or mobile theft. This is usually a "Non-Cognizable Report" (NCR). It’s enough for getting a new SIM card or insurance, but the police won't actively "investigate" it unless you follow up. Under BNSS, if you file an e-FIR for a crime, you must visit the station within 3 days to sign it.

Q2: Do I have to pay any fee for the FIR? Absolutely not. Section 173(2) of the BNSS explicitly states that a copy of the FIR must be given to the informant "forthwith, free of cost." If an officer asks for "stationery charges" or "petrol money," it is a bribe. Report this to the Vigilance helpline of your state police.

Q3: What if I don't know the name of the person who robbed me? You can file an FIR against "Unknown Persons." You don't need to name a suspect for the police to start an investigation. Provide the best physical description you can. The police use this to check against records of known offenders in that area.

Q4: Will I be arrested if I go to report a crime? No. A complainant/informant is not a suspect. However, if you are providing information about a crime you were involved in, the situation changes. For a regular victim or witness, the police have no authority to detain you. If you feel intimidated, take a friend or a lawyer with you.

Q5: What is the time limit to file an FIR? There is no "expiry date," but "promptness is key." If you delay filing by several days or weeks, the court may look at your case with suspicion unless you have a very good reason (like being in the hospital). Always try to file within 24 hours.

Q6: What happens after the FIR is filed? The police begin the investigation. Under BNSS, they must provide you with updates on the progress of the investigation. Once the investigation is over, they will either file a "Charge Sheet" (if they find evidence) or a "Final Report/Closure Report" (if they don't) in court. You have a right to be informed of this outcome.