FIR

FIR: a practical guide to your rights, the procedure and what to do first. Legals365 is the legal platform of Advocate B.K. Singh and associates, based in Delhi NCR.

In short. An FIR is the first information of a cognizable offence recorded by the police under section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023. You can give it orally, in writing or online at any police station. If the police refuse, write to the DCP or SP under section 173(4), then apply to the magistrate under section 175(3).

Filing an FIR is how a criminal case starts. The First Information Report records what happened, who did it, when and where, and it sets the police investigation in motion. Since 1 July 2024 the law is section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which replaced section 154 of the old Code of Criminal Procedure. The basic rule has not changed: if the information discloses a cognizable offence, the officer in charge of the police station must register it. What has changed is the detail, including e-FIRs, zero FIRs written into the statute, and a 14 day preliminary enquiry for mid-range offences.

This page explains how to draft a police complaint that actually gets registered, where to file it, what to do when the SHO sends you away, how the magistrate route works, how special cells for women, children, senior citizens and cyber crime fit in, and how businesses and MSMEs should approach the police when money is owed. It also covers what happens after the FIR, the risk of exaggerated complaints, and the first steps if an FIR has been filed against you instead.

Law

Section 173 BNSS (FIR, zero FIR, e-FIR, preliminary enquiry), s.174 (non-cognizable cases), s.175(3) (magistrate directing investigation), s.223 (complaint to magistrate); BNS s.217 and s.248 for false information and false charges

Forum

Any police station (zero FIR) or the station with territorial jurisdiction; DCP or SP on refusal; Judicial Magistrate or Metropolitan Magistrate for s.175(3) and s.223

Time limit

No fixed limit to report a crime, but delay must be explained; magistrate cannot take cognizance after the periods in BNSS s.514 for offences punishable up to 3 years (6 months, 1 year or 3 years)

Documents

Written complaint signed by the informant, ID proof, supporting documents (agreements, bank statements, invoices, chats, photos, medical papers), list of witnesses, copy of earlier complaints

What an FIR is and when the police must register one

An FIR is the information about a cognizable offence that the officer in charge of a police station reduces to writing, reads over to the informant, gets signed and enters in the station records. A cognizable offence is one where the police can arrest without a warrant, which covers most serious crimes: theft, cheating, criminal breach of trust, hurt, rape, kidnapping, extortion, criminal trespass into a house and many more. The First Schedule to the BNSS tells you whether an offence is cognizable.

Registration is not a favour. In Lalita Kumari v Government of Uttar Pradesh (2014) a Constitution Bench of the Supreme Court held that registration of an FIR is mandatory when the information discloses a cognizable offence, and that the officer cannot first test whether the information is true. A limited preliminary enquiry was allowed only in certain categories such as matrimonial disputes, commercial transactions, medical negligence and long-delayed complaints. The BNSS now writes part of this into the statute.

The FIR is not the whole case and it is not evidence of guilt. It is the starting document. Courts read it to see what was alleged first, before anyone had time to improve the story, which is why the way it is written matters long after the day it is filed.

The law on FIRs and police complaints under the BNSS

Which route fits which complaint

How to draft a police complaint that gets registered

A good police complaint is short, factual and built around the ingredients of the offence. The officer reading it must be able to see, in the first page, who did what, on which date, where, and why it is a crime rather than a quarrel or a business loss. Long histories, opinions about the other side's character and paragraphs of anger make it harder, not easier, to register an FIR.

Start with your name, address, phone number and how you know the accused. Then set out the facts in date order, one event per paragraph, with amounts, places and names of witnesses. Say what each document shows and attach it. End with a clear request: that an FIR be registered under the relevant provisions and the matter investigated. You may suggest sections, but the police decide which apply, and a complaint that lists twenty sections looks like a pressure tactic.

When Advocate B.K. Singh drafts a police complaint, the first thing he checks is whether the facts show dishonest intention at the start of the transaction, because that is what separates cheating from a failed contract. If the complaint cannot show that, he usually advises a civil or commercial route first and keeps the criminal option for later. That one judgement call decides whether the complaint is registered, or sent back as a civil dispute.

Keep copies of everything. Get the receiving officer to put the station stamp, date and diary number on your copy, or send the complaint by speed post or email to the SHO and keep the receipts. That proof becomes the base for every later step if the police do nothing.

How to file an FIR, step by step

This is the usual sequence at a police station in Delhi NCR. The order changes slightly for cyber, women's and economic offence complaints, explained below.

1. Decide where to go

   Go to the police station with jurisdiction over the place of the offence if you can, because the case will be investigated there. In an emergency, or if you are far away, any police station must record a zero FIR and transfer it. Call 112 if there is ongoing danger.

2. Prepare a written complaint

   Write or type the complaint in Hindi or English, sign every page, and attach copies of supporting documents. Carry originals for the officer to see but hand over only copies unless a seizure memo is made.

3. Give it to the duty officer or SHO

   Hand the complaint to the duty officer or the SHO and ask for registration. If you give information orally, it must be written down, read back and signed by you. Read it carefully before signing.

4. Get your copy

   Ask for a free copy of the FIR under section 173(2). If the officer says an enquiry will be held first, ask for a receiving with diary number and the name of the officer handling it. FIRs are generally uploaded on the state police website within a short time, except sensitive ones.

5. Follow up in writing

   If nothing happens within a reasonable time, or within 14 days where a preliminary enquiry is held, write to the SHO again and then to the DCP or SP under section 173(4) by registered post or speed post, attaching the earlier complaint.

6. Approach the magistrate if needed

   If the police still do not act, file an application under section 175(3) BNSS before the magistrate with jurisdiction, supported by an affidavit and the proof of your complaints to the SHO and DCP. A private complaint under section 223 is the alternative.

The whole process at the police station usually takes a few hours when the offence is clear. Where the facts are commercial or the amount is large, expect enquiry, calls to both sides and some weeks of waiting.

Zero FIR, e-FIR and online police complaints

A zero FIR is an FIR registered at a police station that does not have territorial jurisdiction, then transferred to the right station. Section 173(1) now says in terms that information can be given irrespective of the area where the offence was committed. It is meant for emergencies, travellers and victims of sexual offences who should not be sent from one station to another. The receiving station must register it and transfer it, and the investigation is done where the offence happened.

An e-FIR is information sent by electronic communication. Under section 173(1)(ii) it is taken on record when the informant signs it within three days. In practice, Delhi Police and UP Police allow online registration for specified offences such as motor vehicle theft and simple theft where the accused is unknown, and allow online complaints for others, which are then looked into by the station. The list of offences that can be registered online is set by each state, so check the current position on the state police website or app.

Online lost-article reports are not FIRs. They are useful for a duplicate document or SIM card, but if something was stolen rather than lost, insist on a theft FIR. Insurance companies and banks often ask for an FIR, not a lost report, and the difference becomes a problem months later.

Preliminary enquiry for offences punishable with 3 to 7 years

For offences punishable with three years or more but less than seven, the police may hold a preliminary enquiry for up to 14 days before deciding whether to register an FIR. This covers many offences that matter to ordinary complainants, including some forms of cheating, criminal breach of trust by ordinary persons, and causing hurt with dangerous weapons in some cases. The enquiry needs the permission of an officer of the rank of Deputy Superintendent of Police (ACP in commissionerates) or above.

A preliminary enquiry is not an investigation. The officer may call both sides, look at documents and decide whether a prima facie case exists. Use the time. Send the documents the officer asks for promptly, give the names of witnesses, and keep a note of every visit. If the enquiry closes without an FIR, ask for the outcome in writing, because the SP and the magistrate will want to know what was decided and why.

Offences punishable with seven years or more, such as cheating with delivery of property under BNS s.318(4), dacoity, rape or attempt to murder, are not covered by this provision. The officer must register the FIR straight away if the information discloses such an offence.

When the police refuse to register an FIR

If the SHO refuses to register an FIR for a cognizable offence, the first remedy is section 173(4): send the substance of the information in writing by post to the Superintendent of Police, which in Delhi, Gautam Buddh Nagar (Noida) and Ghaziabad means the DCP of the district under the commissionerate system. Attach your original complaint, the receiving and a short note of what the station said. The DCP can register the case, investigate personally or direct a subordinate officer.

Many complainants go to a senior officer's public hearing or file a grievance on the state police portal at the same stage. These are fine as extra steps, but the written complaint by post under section 173(4) is what the magistrate will look for later. Keep the postal receipts and tracking printouts.

The next remedy is an application under section 175(3) before the magistrate. The BNSS requires the application to be supported by an affidavit, and the Supreme Court had already said in Priyanka Srivastava v State of UP (2015) that such applications should be supported by affidavit after approaching the police. The magistrate may make an inquiry and must consider the police officer's submissions before ordering investigation. Many applications fail because the applicant skipped the SP stage or filed a bare application with no documents.

A writ petition to the High Court to direct registration of an FIR is usually not entertained where these alternative remedies exist. The High Court expects you to use the SP and magistrate route first, except in unusual cases such as custodial violence or a clear threat to life.

Complaint case before the magistrate under section 223

A complaint case is a private prosecution filed directly before the magistrate. It suits non-cognizable offences such as defamation, cases where you already have the evidence and do not need police investigation, and cases where the police are hostile. The magistrate examines the complainant and witnesses on oath, may order an inquiry or police investigation under section 225, and then decides whether to issue process.

Under the BNSS the magistrate cannot take cognizance on a complaint without giving the accused an opportunity of being heard. This is new and it means the accused may appear at the pre-cognizance stage and argue that no case is made out. Prepare the complaint on the basis that someone will read it critically before summons are issued.

Complaint cases take longer to reach a decision on summons than a police case takes to reach arrest or chargesheet, and the complainant carries the burden of producing evidence. For serious crimes where recovery, arrest or forensic work is needed, the police route under section 175(3) is usually better.

Special cells: women, children, senior citizens, cyber and economic offences

Several police forces run special units that take complaints directly or alongside the police station. Maharashtra police districts run Bharosa Cells for women, children and senior citizens, and Telangana has Bharosa Centres for women and child victims, which provide counselling, medical and legal support along with the police process. In Delhi, the equivalent functions sit with the Crime Against Women Cell in each district, the Special Police Unit for Women and Children, and the senior citizen cell. A complaint at such a cell does not replace an FIR where a cognizable offence is disclosed, so ask whether an FIR will be registered.

Family and matrimonial complaints filed at a women's cell are often sent for counselling and mediation first. That can help where both sides want a settlement, but where there is violence or a dowry demand, ask for the FIR to be registered and for protection. For more on these cases, see our page on dowry, domestic violence and cruelty complaints. Complaints of sexual offences have their own procedure, covered in sexual offence and POCSO cases.

Online fraud should be reported on the national helpline 1930 and the portal cybercrime.gov.in as soon as possible, because the money can sometimes be frozen in the receiving account if you report within hours. Then file a complaint at the district cyber police station. Our page on cyber crime complaints explains the steps.

Large frauds go to the Economic Offences Wing. Delhi Police EOW and the UP EOW take cases above a value threshold set by internal orders, which changes from time to time, so check the current limit before deciding where to file. The page on economic offences and EOW cases covers that route.

Police complaints for businesses and MSMEs

Most business disputes are civil, and the police know it. An unpaid invoice, a short delivery, a broken supply contract or a partner who stops sharing profits is not, on its own, cheating or criminal breach of trust. The Supreme Court has repeatedly criticised the use of criminal complaints to recover money in commercial disputes, including in Indian Oil Corporation v NEPC India (2006). If the complaint reads like a recovery suit, expect it to be sent back as a civil matter.

A business complaint does get registered where the facts show a crime: goods ordered with a fake identity or a cheque book of a closed account, an employee who diverted customer payments to his own account, a distributor who sold stock entrusted on consignment and kept the money, forged invoices or e-way bills, or a supplier who took advance from many buyers and disappeared. In each case the complaint must show entrustment or deception, the loss, and the documents.

For an MSME, the faster money remedy is often not the police. Delayed payment by a buyer can go to the MSME Facilitation Council under the MSMED Act, which awards interest at three times the bank rate, and bounced cheques go under section 138 of the NI Act. See MSME delayed payment claims and cheque bounce complaints. A police complaint makes sense alongside these when there is clear fraud, not as a substitute for them.

Companies filing a complaint should authorise a named officer by board resolution or authority letter, attach the company's documents in an indexed set, and name individual accused persons with their role. A complaint against a company's directors simply because they are directors, without saying what each did, is weak and invites a quashing petition.

After the FIR: investigation, chargesheet or closure

Once the FIR is registered, the investigating officer (IO) records statements, collects documents, visits the spot, and may arrest or issue a notice of appearance under section 35 BNSS. Under section 193(3)(ii), the police must inform the informant or victim of the progress of the investigation within 90 days, by any means including electronic communication. Ask for it in writing if it does not come.

The investigation ends with a police report under section 193, either a chargesheet that sends the accused for trial or a closure report saying no offence is made out. If the police file a closure report, the magistrate must give the informant notice and a chance to be heard. You can file a protest petition, point out what the police missed, and ask for further investigation or for the magistrate to take cognizance on the material already collected.

Your role does not end with the FIR. The prosecution is conducted by the public prosecutor, but the complainant and victim can engage a private advocate to assist the prosecution with the court's permission, and the victim has rights at the bail stage in some offences. Stay reachable, attend when called, and keep your documents in order, because cases are lost when witnesses lose interest.

Documents and evidence to carry for a police complaint

How the answer changes with who is complaining

For a woman reporting a sexual offence, the law requires the information to be recorded by a woman officer, and her statement can be recorded at her home or a place of her choice. Where the victim is a child, the POCSO Act adds further protections and the police must inform the Child Welfare Committee and the Special Court within 24 hours. Senior citizens can also approach the senior citizen cell and, for property or maintenance issues, the Maintenance Tribunal under the senior citizens' law.

An NRI or someone living outside the city can give information by email or through the state police portal, but will need to sign the e-FIR within three days and attend for the statement. A power of attorney holder can file a complaint about facts within his knowledge, but the victim's own statement usually carries more weight, so plan a visit or a video statement.

Banks and NBFCs usually file complaints through a branch or zonal officer about loan fraud, forged documents or diversion of funds, and large cases go to the EOW or CBI. A builder complaining about a contractor, or a housing society complaining about a former committee, is treated like any other business complaint: entrustment and dishonesty must be shown. A tenant or landlord dispute is mostly civil, and the police will not evict anyone, though threats, trespass and damage to property can be crimes.

Delhi, Noida, Ghaziabad and Gurugram: local practice

Delhi, Gautam Buddh Nagar (Noida and Greater Noida), Ghaziabad and Gurugram all have police commissionerates, so the senior officer for section 173(4) is the DCP of the zone or district. Delhi Police and UP Police publish registered FIRs on their websites and apps, except sensitive cases. Each district also has a cyber police station and a women's cell.

Applications under section 175(3) and complaint cases go to the magistrate with jurisdiction over the police station. In Delhi that means the Judicial Magistrate or Metropolitan Magistrate at the district court complex for that area, such as Tis Hazari, Saket, Patiala House, Karkardooma, Rohini, Dwarka or Rouse Avenue. In Noida the courts sit at Surajpur, and in Ghaziabad at the Ghaziabad district court. Find the right court before filing, because a filing in the wrong court costs weeks.

If the offence happened in one city and the accused lives in another, the FIR can be lodged where the offence or any part of it took place, including where the money was paid or the false representation was received. That choice affects which police investigate and which court tries the case, so think about it before you walk into the nearest station.

False and exaggerated complaints

An exaggerated complaint is one of the most common reasons a genuine case falls apart. If the FIR says the accused threatened to kill you, snatched documents and beat you, and the medical and CCTV evidence show only an argument, the court will doubt the whole story, including the parts that were true. Write what happened, not what will sound worst.

Naming every relative of the accused, every director of a company or every partner of a firm without saying what each did is another common mistake. Courts quash FIRs against people roped in without specific allegations, and the defence then uses that to attack the case against the main accused. Name the people who did something and describe what they did.

A plainly false complaint can lead to prosecution under BNS sections 217 or 248, a civil suit for malicious prosecution, and costs if the case reaches the High Court. These are not common, but they happen, and they are not worth the risk.

If an FIR has been filed against you

If you learn that an FIR has been filed against you, get a copy first. It is usually available on the state police website, or you can apply to the court. Read the sections carefully, because whether the offence is punishable with less than seven years decides how the police should deal with arrest under Arnesh Kumar v State of Bihar (2014) and section 35 BNSS.

Depending on the facts, the options are to cooperate with a section 35 notice, to apply for anticipatory bail under section 482 BNSS, to seek regular bail after arrest, or to move the High Court for quashing of the FIR under section 528 BNSS where the FIR does not disclose an offence or the dispute has been settled. Do not ignore notices, and do not contact the complainant in a way that can be called pressure.

A counter-complaint is sometimes justified where the other side committed an offence too. It should be filed on its own facts and documents, not as a tactic. Courts see through a counter FIR filed the day after an FIR against you with the same story reversed.

Mistakes that stop an FIR from being registered or weaken it later

• Filing a civil dispute as a crime. Unpaid money, by itself, is not cheating. Show deception or entrustment, or use the civil route first.
• No written record. Oral visits leave no trace. Always give a signed written complaint and get a receiving or send it by post.
• Skipping the DCP or SP stage. The magistrate will ask whether you used section 173(4). Without it, a section 175(3) application usually fails.
• Delay without explanation. There is often no limitation for serious crimes, but unexplained delay damages credibility. If there was a reason, such as fear, illness or a settlement attempt, say so in the complaint.
• Signing a statement you have not read. Your oral information becomes the FIR. Read it before you sign and correct errors on the spot.
• Too many sections and too many accused. It looks like pressure and gives the defence an easy quashing argument.

What to do this week

Write down what happened while it is fresh, in date order, with amounts and names. Collect the documents, screenshots and bank entries and make two sets of copies. If money was lost online, call 1930 today, not tomorrow.

Decide whether this is a police matter at all. If it is a cognizable offence, prepare the written complaint and file it at the station with jurisdiction, or any station if it is urgent. If it is mainly a money dispute, send a legal notice first and keep the criminal option open. In matters that come to Advocate B.K. Singh's office, the case usually turns on what was put in writing in the first week, so take the time to get the first complaint right.

If the police do not act, use section 173(4) within days rather than months, and then the magistrate. If you want the complaint checked before you file it, the team of Advocate B.K. Singh at Legals365 can review your papers and tell you the next step through talk to a lawyer.

Frequently asked questions

Can the police refuse to register an FIR?

No, not if the information discloses a cognizable offence. The Supreme Court held in Lalita Kumari (2014) that registration is mandatory in such cases. For offences punishable with 3 to 7 years the police may hold a 14 day preliminary enquiry first, but they cannot simply turn you away.

What is a zero FIR?

A zero FIR is an FIR registered at a police station that does not have jurisdiction over the place of the offence. It is then transferred to the correct station for investigation. Section 173(1) BNSS allows information to be given at any police station irrespective of where the offence happened.

Can I file an FIR online in Delhi or Noida?

Delhi Police and UP Police allow e-FIRs for specified offences, mainly vehicle theft and simple theft with unknown accused, and online complaints for other matters. Under the BNSS an e-FIR is taken on record once you sign it within three days. Check the current list of offences on the state police website.

Is there a time limit to file an FIR?

There is no fixed time limit for reporting a crime to the police, but delay must be explained and unexplained delay weakens the case. For minor offences punishable with up to three years, section 514 BNSS sets limits for the court to take cognizance. Report as soon as you reasonably can.

What should I do if the SHO refuses to file my complaint?

Send the complaint in writing by post to the DCP or SP under section 173(4) BNSS and keep the postal receipt. If that does not work, file an application under section 175(3) before the magistrate with an affidavit and copies of your earlier complaints. The magistrate can order the police to investigate.

What is the difference between an FIR and an NCR?

An FIR is registered for a cognizable offence and the police can investigate and arrest without a magistrate's order. An NCR is an entry for a non-cognizable offence under section 174 BNSS, and the police cannot investigate without the magistrate's permission. For an NCR matter you usually file a complaint before the magistrate.

Can a company or MSME file an FIR against a buyer who did not pay?

Only if the facts show cheating or criminal breach of trust, such as a false identity, forged documents or goods taken with no intention to pay. Simple non-payment is a civil matter. MSMEs often do better with the MSME Facilitation Council or a cheque bounce complaint, with a police complaint added where fraud is clear.

Will I get a copy of the FIR?

Yes. Section 173(2) BNSS requires the police to give a copy free of cost to the informant or victim. Most FIRs are also uploaded on the state police website, except those in sensitive cases such as sexual offences.

What is a Bharosa Cell?

Bharosa Cells and Bharosa Centres are special police units run by some states, such as Maharashtra and Telangana, to support women, children and senior citizens with counselling, legal and medical help. In Delhi similar work is done by the Crime Against Women Cell and the Special Police Unit for Women and Children. A complaint there should still lead to an FIR where a cognizable offence is disclosed.

Can I withdraw an FIR after filing it?

An informant cannot withdraw an FIR on his own once it is registered. Compoundable offences can be settled before the court, and for non-compoundable offences the accused can ask the High Court to quash the FIR on the basis of a genuine settlement. Serious offences against society are not usually quashed on compromise.

Do I need a lawyer to file an FIR?

No. Anyone can give information to the police without a lawyer. A lawyer helps in drafting a complaint that clearly shows the offence, in deciding between the police, the magistrate and civil remedies, and in following up when the police do not act.

What happens if the police file a closure report?

The magistrate must give notice to the informant before accepting a closure report. You can file a protest petition pointing out gaps in the investigation and ask for further investigation or for the court to take cognizance. The magistrate is not bound by the police opinion.