Know your rights
For a serious (cognizable) crime the police must write down your complaint as an FIR. Here is what the new law says and what to do, step by step, if they refuse.
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If the crime is cognizable (theft, assault, cheating, sexual offences, cyber fraud and most serious crimes), the officer in charge must record it. You can go to any police station, even if the crime happened elsewhere (zero FIR), or report it online and sign within three days (e-FIR). You get a free copy. If they still refuse, send the complaint in writing by post to the Superintendent of Police, then apply to the Magistrate.
For a cognizable offence the police station must record the information. The Supreme Court said the same in Lalita Kumari (2013). For offences punishable with 3 to 7 years, the police may first do a preliminary enquiry of up to 14 days, with the approval of a DSP.
BNSS 173(1), 173(3)The law now says information can be given "irrespective of the area where the offence is committed". The station records it and sends it to the right station.
BNSS 173(1)You can give the information by electronic communication. It is taken on record once you sign it within three days. Most states run an e-FIR or citizen portal for this.
BNSS 173(1)(ii)A copy of the FIR must be given free of cost to you or the victim.
BNSS 173(2)The statement is recorded by a woman police officer. If the victim has a disability, it is recorded at her home or a place she chooses, with an interpreter or special educator, and videographed.
BNSS 173(1) provisosThe police must tell the informant or victim about the progress of the investigation within 90 days.
BNSS 193(3)(ii)Date, time, place, what happened, who did it (or a description), witnesses, loss. Keep it short and factual. Our draft letters help: cyber fraud, lost mobile, lost documents.
Ask for the officer in charge (SHO). Ask for an FIR, not just an entry or a "receiving". If it is a cyber fraud, also call 1930 at once.
Check that what you said is written correctly before you sign.
Send the substance of your complaint in writing by post (keep the receipt) to the Superintendent of Police or Commissioner. The SP must investigate or have it investigated.
File an application with an affidavit before the Judicial Magistrate, showing you went to the SP. The Magistrate can order the police to investigate. Free legal aid can file it for you (call 15100).
For minor offences the police make an entry (often called NCR) and send you to the Magistrate. Ask for the entry number.
The new criminal laws apply from 1 July 2024. Older cases continue under the old sections.
| Old (IPC/CrPC) | Now (BNS/BNSS) | About |
|---|---|---|
| CrPC 154 | BNSS 173 | FIR for a cognizable offence |
| CrPC 154(3) | BNSS 173(4) | Complaint to the SP when the FIR is refused |
| CrPC 155 | BNSS 174 | Non-cognizable cases |
| CrPC 156(3) | BNSS 175(3) | Magistrate orders investigation |
| IPC 166A | BNS 199 | Public servant failing to record information |
| IPC 420 | BNS 318 | Cheating |
| IPC 379 | BNS 303 | Theft |
This is general information, not legal advice. Laws and state rules change; check the official source or ask a lawyer. Free legal aid: call NALSA 15100 or visit your District Legal Services Authority.
No. Under BNSS 173(1) information can be given at any police station irrespective of where the offence happened. They record it as a zero FIR and transfer it.
For certain offences against women (such as rape and acid attack), a public servant who fails to record the information can be punished under BNS 199, which replaced IPC 166A.
An FIR starts a police investigation. A complaint to the Magistrate is a court case you file yourself; the Magistrate can also order the police to investigate under BNSS 175(3).
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