How to File an FIR in India: Step-by-Step Guide
Reviewed by Chandrashekar, Advocate, ManAT Legal
If you need to know how to file an FIR in India, start with a clear factual account of information that may disclose a cognizable offence. The current procedure is governed by section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), including oral reporting, electronic communication, Zero FIR, a free copy and escalation when information is not recorded.
An FIR is the beginning of the police process, not a finding that the allegation is true. This guide stays with filing, refusal and practical escalation; the separate FIR meaning and Zero FIR guide owns the broader definition and document safeguards.
What an FIR records under BNSS
Under BNSS section 173, the officer records the substance of information relating to a cognizable offence in the prescribed book. The information should identify the incident and available facts; the informant is not required to prove the entire case before reporting it. Truthfulness, reliability and sufficiency are ordinarily examined during investigation, subject to the limited preliminary-enquiry provision explained below.
Who may give information and where?
The victim, a witness or another person with knowledge of the incident may give the information. Section 173(1) says it may be given to the officer in charge of a police station irrespective of the area where the offence was committed. A station should not reject information about a cognizable offence only for want of territorial jurisdiction.
Where the incident belongs to another police-station area, the receiving station may register a Zero FIR and transfer it to the station with territorial jurisdiction. The Bureau of Police Research and Development’s official Zero FIR and e-FIR SOP describes registration at any police station followed by transfer.
How to file an FIR in India step by step
The method changes slightly depending on whether information is given orally, in writing or electronically. In every route, keep the account factual, verify the recorded version and preserve proof of what was submitted.
Oral information at the police station
Tell the officer what happened, when and where it happened, who was involved if known, and what immediate evidence or witnesses exist. Section 173 requires oral information to be reduced to writing, read over to the informant and signed. Ask for factual errors, missing dates or incorrect names to be corrected before signing.
Written or electronic communication
A written report should use a chronological account and include reliable contact details. Information may also be given by electronic communication, but section 173(1)(ii) requires the person giving it to sign it within three days before it is taken on record. Keep the sent email, portal acknowledgement, attachments and any instruction about how the signature must be completed.
Zero FIR and transfer
If the cognizable offence occurred outside the receiving station’s area, ask that the information be recorded and transferred rather than being turned away. Note the Zero FIR or acknowledgement number, the receiving officer’s details and the station to which the matter is transferred. Transfer does not convert an online complaint or a non-cognizable entry into an FIR automatically; the legal classification still matters.
Reading, signing and obtaining a free copy
Read the final record rather than signing a blank, incomplete or inaccurate version. Section 173(2) requires a copy of the recorded information to be given forthwith and free of cost to the informant or victim. Preserve that copy and any acknowledgement separately from the original evidence.
Details and documents that help police record the information
A complete first account reduces avoidable follow-up, but a person in danger should not delay reporting while trying to assemble a perfect file. Give what is available and identify material that can be supplied later. Useful details commonly include:
Do not edit original files merely to make them clearer. Retain original devices and files where possible, and provide copies in the format requested by the investigating officer.
Cognizable, non-cognizable and preliminary-enquiry boundaries
The FIR route applies when the information, taken at face value, discloses a cognizable offence. For a non-cognizable offence, BNSS section 174 requires the substance to be entered in the prescribed book and the informant to be referred to the Magistrate; police ordinarily need a Magistrate’s order to investigate. If a case involves two or more offences and at least one is cognizable, section 174(4) treats it as a cognizable case.
The Supreme Court confirmed in a 28 March 2025 judgment that registration is mandatory when cognizable information is disclosed, subject to the specific section 173(3) exception. For a cognizable offence punishable with imprisonment of three years or more but less than seven years, the station officer may, considering the nature and gravity, obtain prior permission from an officer not below Deputy Superintendent of Police and conduct a preliminary enquiry within fourteen days to see whether a prima facie case exists. It is not a general power to test every complainant’s truthfulness before registration.
The Supreme Court’s 29 April 2026 judgment likewise restated mandatory registration where information discloses a cognizable offence and the statutory sequence for non-registration. The section 173(3) exception must still be read according to its precise punishment range, permission requirement and purpose.
What to do if police refuse to register an FIR
If police refuse to register FIR information that on its face discloses a cognizable offence, use the statutory sequence and preserve proof at every stage. Do not skip directly to broad constitutional remedies without considering the specific police and Magistrate routes.
Preserve the complaint and proof of delivery
Keep a dated copy of the information, supporting documents, station diary or acknowledgement number if provided, the names or ranks of officers approached, and postal or electronic delivery records. Record the date and substance of the refusal accurately; do not embellish the interaction.
What a Section 173 BNSS complaint to the SP should include
Section 173(4) permits the aggrieved person to send the substance of the information in writing and by post to the Superintendent of Police concerned. If satisfied that it discloses a cognizable offence, the SP must investigate or direct a subordinate officer to investigate. A Section 173 BNSS complaint is a common search label, but the safer document should identify the original information, the refusal, the cognizable facts, the police station approached and the enclosed proof. Keep the postal receipt and delivery record.
When to approach Magistrate for FIR directions
A decision to approach Magistrate for FIR directions should follow the section 173(4) record and use the correct court and supporting material. If that police escalation does not resolve the refusal, the aggrieved person may apply to the competent Magistrate. Under section 175(3), a Magistrate empowered under section 210 may consider an application supported by the affidavit required by section 173(4), make any necessary inquiry, consider the police officer’s submission and order an investigation. An application seeking an investigation direction is procedurally different from asking the Magistrate to take cognizance of a private complaint; the correct route depends on the relief and record.
What happens after FIR registration
Registration starts investigation; it does not establish guilt and does not guarantee a particular arrest, charge or outcome. Police may examine witnesses, collect documents or electronic material, inspect relevant places and take other steps authorised by law. The informant should keep contact details current, preserve original evidence and respond accurately to lawful requests.
At the end of the investigation, police submit the applicable report to the Magistrate under the BNSS. Questions about arrest, bail, quashing and trial have separate legal tests and are intentionally outside this filing guide. For advice tied to an actual investigation stage, see ManAT Legal’s criminal-law practice page.
Electronic FIR India: authorised portals and proof
State and Union Territory facilities differ by offence category and local implementation. The Ministry of Home Affairs’ Digital Police portal links citizens to State police services for complaints, status and FIR copies. Use an official police domain, save the complete acknowledgement and follow any instruction to attend or sign. An online complaint number is not proof by itself that an FIR has been registered.
For cybercrime, the Government of India’s National Cyber Crime Reporting Portal accepts online reports. In a financial cyber fraud, the portal directs immediate reporting through helpline 1930. Preserve transaction IDs, bank or wallet details, screenshots and the acknowledgement. A cybercrime portal report and the section 173 FIR process can interact, but they are not interchangeable in every case.
Immediate danger and offence-specific safeguards
Do not wait for an online acknowledgement if a person faces immediate danger, urgent medical need, ongoing violence, a missing child or rapidly disappearing evidence. Contact the local police or appropriate emergency service and seek medical or protective assistance first; documentation can continue alongside urgent safety steps.
Section 173 contains additional recording safeguards for specified sexual offences, including recording by a woman police officer or woman officer. Where the reporting person has a temporary or permanent mental or physical disability in the specified cases, the information is to be recorded at the person’s residence or chosen convenient place with an interpreter or special educator, videographed, and followed by the prescribed Magistrate statement. Offence-specific law may add further duties.
Common practical mistakes
Frequently asked questions
These practical questions commonly arise when learning how to file an FIR in India. The answers stay within filing and refusal procedure; offence-specific reporting duties and urgent protective steps may require separate advice.
Can a station refuse only because the offence occurred elsewhere?
Territorial area alone is not a reason to refuse information disclosing a cognizable offence. Section 173(1) permits information irrespective of the area where the offence was committed; the matter may be registered as a Zero FIR and transferred to the appropriate station.
Does an online complaint automatically become an FIR?
No. Portals may accept complaints, service requests or information for different categories. Check whether an FIR number was issued, comply with the three-day signature requirement where section 173 electronic communication is used, and follow the official instructions.
Is the FIR copy free?
Yes. Section 173(2) says a copy of the information as recorded must be given forthwith and free of cost to the informant or victim.
Can police conduct a preliminary enquiry in every cognizable case?
No. The specific BNSS section 173(3) route applies to cognizable offences punishable with imprisonment of three years or more but less than seven years, requires prior permission from an officer not below Deputy Superintendent of Police and sets a fourteen-day period. It should not be presented as a general verification stage for every cognizable report.
Conclusion
Knowing how to file an FIR in India means giving an accurate account, verifying and signing the recorded version, obtaining the free copy and keeping proof. If the cognizable information is refused, first preserve the record, then use section 173(4) before the SP and, if necessary, the section 175(3) Magistrate route.
This article is general legal information updated for the BNSS framework. It does not cover arrest rights, bail, quashing or case strategy and is not a substitute for advice on a specific complaint or emergency. Public legal-aid information is available from the National Legal Services Authority.
