What is an FIR and How to File It: Everything You Need to Know

A First Information Report (FIR) is the basis for the Indian criminal justice system. An FIR formalizes the commencement of a criminal investigation, and allows the police to investigate a cognizable offence under Section 154 of the Code of Criminal Procedure (CrPC), 1973. Whether as a victim, a witness or merely a bystander, completing an FIR is an important step towards justice. Without lodging an FIR, law enforcement agencies have no legal basis to commence legal action. This guide provides the complete information on the FIR process, the latest law from the CrPC, BNS 2023, and case-law references.

Who Can File an FIR in India?

An FIR can be registered by a person who has knowledge of the commission of a cognizable offence as per the provision of Section 154(1) of the Code of Criminal Procedure (CrPC), 1973. This may include any one of the following:

• The victim of the crime,
• Relatives or friends of the victim,
• An eyewitness or person passing by,
• Even a stranger or an anonymous person who has credible information.

The complainant does not need to have a personal connection to the act of commission of the cognizable offence, and this expansive meaning ensures that crimes are not concealed or excused as a result of fear of enforcement, or stigma, prejudicial comments, or lack of access.

The Supreme Court case of Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 provided a bright line test, confirming it is mandatory for police officers to write an FIR after receiving information establishing a cognizable offence. In a situation wherein, they neglect to do so, the police officer is violating Article 21 of the Constitution which grants rights of life and personal liberty. 

This right to register an FIR is therefore not only available to all persons, but it also provides protection under the Constitution and procedural law.

Types of FIRs: Cognizable vs. Non-Cognizable Offences

It is essential to know the nature of the offence before filing FIR as the nature of the offence determines whether, or not, the police can act on it right away, or they would have to seek the permission of a magistrate first. The Code of Criminal Procedure (CrPC) and the Bharatiya Nyaya Sanhita (BNS), 2023, classify offences into two categories: 

Cognizable Offences

These are offences of a very serious nature, which make it possible for the police to register an FIR, investigate, and arrest without the permission of a magistrate; (CrPC Sec. 154 &156) typically because an actual or potential loss of life, serious injury or public peace is concerned for example. 

Some examples of cognizable offences under BNS, 2023 are:

• Section 103: Murder
• Section 113: Rape
• Section 137: Kidnapping

Cognizable offences are serious offences, which require immediate police action. 

Non-Cognizable Offences

These are offences of a less serious nature for which the police cannot register an FIR and or arrest without direction from a magistrate (CrPC Sec.155). Cases are initiated at a magistrate level and the complainant must initiate action to move forward to a police investigation with a magistrate’s assistance.

Examples under BNS, 2023 are:

• Section 351: Defamation
• Section 277: Public Nuisance 
• Section 318: Simple Hurt 
• Section 333: Verbal Abuse

In such cases, the police will enter the matter into the police diary; and the complainant may have to file a complaint in terms of the Section 200 CrPC, before a Magistrate. 

This distinction is important for providing some context as to whether or not a police officer can register an FIR and move directly to an investigation, or whether or not a Court has to give the consent to do so first.

Where to File an FIR in India?

A FIR has to be lodged at a police station having territorial jurisdiction over the place where the offence has taken place. In popular parlance, it is the local police station. But there are provisions in Indian law such as Zero FIR which allows more flexibility. 

Police Station having Jurisdictions 

Section 154(1) of the CrPC requires that a FIR must be lodged at the police station within whose limits the crime was committed. Once the information is available, the officer-in-charge (SHO) of the Police Station is required to record the information is cognizable offence. 

Zero FIR: FIR Without Jurisdiction

In order to avoid unnecessary delays, a Zero FIR can be lodged at any police station, regardless of whether the police station has territorial jurisdiction. It will later be transferred to the right police station for investigation purposes. This provision is particularly needed in urgent or sensitive matters such as, sexual assault, accident, or murder. Legal basis: It does not appear the Zero FIR is codified under the CrPC; however, the Justice Verma Committee (2013) discussed the Zero FIR and it has been endorsed with various High Court and Supreme Court decisions. In the landmark case of State of Andhra Pradesh v. Punati Ramulu, (1993) 3 SCC 1117, police failed to register an FIR and were held liable.

Online FIR filing facilities

Many of the states of India have launched e-FIR portals as part of the Crime and Criminal Tracking Network and Systems (CCTNS) initiative.

Several states, including Delhi, UP, MP, and Kerala have systems for online FIR. Some of them are provided below:

State	e-FIR Facility Available?	Portal / App
Delhi	✅ Yes	Delhi Police e-FIR (M.V. & property theft) via their portal (delhipolice.gov.in)
Maharashtra	✅ Yes	Maharashtra Police CCTNS portal https://mahapolice.gov.in
Uttar Pradesh	✅ Yes	UP Police e-FIR via CCTNS portal / UP-COP app https://uppolice.gov.in/
Madhya Pradesh	✅ Yes	MP Citizen Portal / MPeCOP app https://mppolice.gov.in/
Kerala	✅ Yes	Thuna portal and Kerala Police app
Gujarat	⚠️ Partial	iPRAGATI & Tera Tujhko Arpan portals https://www.teratujhkoarpan.org/
Kolkata (WB)	⚠️ Partial	Piloting e-Zero FIR for ₹10 L+ cyber-fraud via 1930/Govt portal
Other	⚠️ Varies	Most states (via CCTNS) have e-FIR capability, but dedicated portals differ

Presently, online complaints are predominantly available for non-violent offences, property theft and lost documents. For more serious crimes such as theft of money or violent offences, you may still have to appear in person. 

So regardless whether you report in person or online, the law is clear, you can file an FIR wherever you are in India.

How to File an FIR: Step-by-Step Process

Filing an FIR is a legal right and the first step to open up criminal proceedings. Sections 154 of the CrPC, 1973 governs the FIR process, and needs to be followed properly or the complaint may not be filed or investigated correctly.

✅ Step 1: Go to the Police Station

You need to go to the police station that is in charge of the location of the offence.  If there was an emergency or you don’t directly know the jurisdiction, you can go to any police station (for example if you think it is a certain station you can file a Zero FIR at the same time.) That zero FIR will have to be just transferred to the proper police jurisdiction). 

✅ Step 2: Describe the Incident 

You can give the Police information as an oral or written format, if by oral the officer will have to put it in writing.  According to CrPC Sec. 154(1) that Police record must be complete and inaccuracy provisions.

✅ Step 3: Verification and Signature 

The written report must be read over to the complainant, either physically or electronically, and then must be signed by the complainant to confirm that it was correct.  If it is not possible for the complainant to read or write, the officer will take a thumb impression.

✅ Step 4: FIR Registration

The relevant information is recorded in the FIR Register which will include the following:

• FIR number
• Date and time of registration
• Complainant’s name and address
• Summary of the incident
• Names of accused (if available)
• Relevant section(s) of law (like S.103 of BNS, 2023 for murder)

✅ Step 5: Obtain Copy

Section 154(2) CrPC provides the complainant with an unfettered copy of the FIR. This copy is necessary for legal follow up and for future communication.

✅ Step 6: Online FIR (Where Available)

In many states with e-FIR facilities, you may just fill out an online form, upload proof of ID and receive an FIR number through SMS or email.

When citizens understand how to properly conduct these steps they can legally initiate criminal prosecutions and police will simply comply with the law under rule of law.

Legal Rights of the Complainant After Filing FIR

Once an FIR is lodged, the complainant gets certain legal safeguards and rights. Firstly, and under Section 154(2) of the CrPC, they should be provided a free copy of the FIR. Secondly, complainants are entitled to a transparent and time strict investigation. The Right to fair investigation is protected under Article 21 of the constitution (Right to Life and Personal Liberty). Further, complainants can inquire about the status of the investigation, they could seek to obtain police protection, if any threats or harassment arise seeking compensation for their complaint. Lastly, Article 39A of the Constitution is relevant to access or free legal aid. In instances that require special consideration, witness protection guidelines are applicable to make arrangement for the protection/safety and to prevent any intimidation.

What If Police Refuses to Register an FIR?

In the event that the police do not register an FIR for a cognizable offence, the complainant may seek recourse under Section 154(3) of the CrPC by providing a written complaint to the Superintendent of Police (SP) for action. If the SP does not take any action, the complainant may go to a Magistrate in the case of default by the SP by complaints for orders made under Section 156(3) for the police to investigate. If the police do not act upon the order from the Magistrate, the complainant may file a writ petition in the High Court under Article 226 of the Constitution to have the High Court order the police to investigate. In the case of Lalita Kumari v. State of UP, the Supreme Court settled the law for FIR registration that made it compulsory to register FIR in cognizable cases.

Filing a False FIR: Consequences and Legal Penalties

Under Indian law, a false FIR is a punishable offence. Under Bharatiya Nyaya Sanhita (BNS), 2023, 

• Section 228 deals with false information to police; 
• Section 233 addresses false accusations intended to harm.
•  Also, Section 182 of CrPC offers up to 6 months imprisonment or fine for misleading a public servant. 

The misuse of filing a FIR, apart from delaying justice, can also lead to criminal cases against the complainant.

Recent Legal Developments & Digital FIR Trends

India has begun a digital transformation of FIR processes. Through the Digital India Initiative and the CCTNS initiatives several States allow e-FIRs for minor thefts and misplaced documents. The 2023 recommendation by the Law Commission also supported the phased rollout for all cognizable offences. 

In the realm of cybercrime, the e-Zero FIR pilot starting in Delhi automatically registers financial fraud complaints for a minimum of ₹10 lakh via an NCRP/1930. 

Gujarat and Kolkata are also introducing automated e-Zero FIR systems. These digital mechanisms provide automation and speed up the ease and transparency with which FIRs can now be registered.

FAQs on Filing an FIR