FIR UNDER BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS)

Police officer registering an FIR under the new BNSS provisions, ensuring prompt justice.

FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force in 2023 and is a significant shift in criminal procedure laws of India. It introduces a clear and organized way to register an FIR and its purpose is to make law enforcement quicker, faster and more transparent. Significant changes are made in the provisions of FIR under Bharatiya Nagarik Suraksha Sanhita (BNSS) in Sections 173 and 174, which focus on how courts interpret laws and how the system protects against abuse. These updates in the new act also improve the earlier Code of Criminal Procedure (CrPC). This article examines these changes and their effects on the justice system.

What is an FIR?

An FIR (First Information Report) is a formal document prepared by the police upon receiving information about the commission of a cognizable or non cognizable offense. It is the 1st step in a criminal investigation and looks into whether law enforcement authorities act promptly on reported offenses immediately or not. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), new provisions have been introduced to smoothen the  FIR registration by including Zero FIR, E-FIR and preliminary inquiries.

Sections Pertaining to FIR Under BNSS

Section 173: Information of Cognizable Offenses

(1): Modes of Filing

• Information relating to cognizable offenses can be given to police orally or electronically.
• If given orally, the police officer must reduce it to writing and read it to the informant.
• For electronic FIRs (E-FIRs), the informant must provide a signature within 3 days to validate the complaint.

(2): Free Copy of FIR

• A copy of the FIR must be given free of cost to the informant or victim for transparency.

(3): Preliminary Inquiry

• For crimes which are punishable with imprisonment upto 3 to 7 years, the police must conduct a preliminary inquiry before registering an FIR.
• Permission must be taken from an officer not below the rank of Deputy Superintendent of Police (DSP).
• The inquiry must be completed within 14 days of crime.

(4): Recourse for Aggrieved Persons

• If the police refuse to register an FIR, the complainant can immediately go to the Superintendent of Police (SP).
• If the Superintendent of Police(SP) also does not take any action, the complainant can file an application before a Magistrate for redressal.

Section 174: Information of Non-Cognizable Offenses

(1): Recording Non-Cognizable Offenses

• Information on non-cognizable offenses must be recorded in a book prescribed at the police station.
• The informant must be referred to the Magistrate for any further action.

(2): Police Investigation Restrictions

• The police cannot investigate non-cognizable offenses without prior approval of the Magistrate.

(3): Powers on Receiving Order of Magistrate

• If the Magistrate orders an investigation, the police can exercise powers which were performed similarly in cognizable cases, except for arresting without a warrant.

Landmark Cases 

Although the BNSS is newly enacted, the Supreme Court of India has previously ruled on similar provisions under the CrPC.

Lalita Kumari vs. Government of Uttar Pradesh (2013):

• The Supreme Court stated that registering an FIR for a cognizable offense is mandatory under Section 154 of the CrPC (presently Section 173 of BNSS).
• Police officers cannot refuse to file an FIR if the complaint discloses a cognizable offense.

Misuse of FIR and Safeguards Under BNSS

Misuse of FIR

• False FIRs are frequently used for personal vendettas, harassment or any political motives.
• Fabricated complaints can cause unnecessary legal battles and harm to innocent individuals.

Safeguards Under BNSS

• Preliminary Inquiry (Section 173(3)): Ensures that cases involving 3 to 7 years of imprisonment are scrutinized before FIR registration, controlling false accusations.
• Higher Authority Recourse (Section 173(4)): Complainants can appeal to senior officers or Magistrates if the police refuses to file an FIR for police accountability.

Impact of BNSS on the Criminal Justice System

The Bharatiya Nagarik Suraksha Sanhita (BNSS) has significantly improved the FIR registration process which led to-

•  Increased Accessibility: Zero FIR and E-FIR enable victims to file complaints from anywhere, as it has removed jurisdictional barriers.
• Greater Police Accountability: Strict penalties for non-registration of FIRs ensure police officers do their duties properly.

• Efficient Use of Resources: Preliminary inquiries help law enforcement filter out baseless complaints and focus on genuine real cases.

• Modernization and Transparency: Digital recording of statements and mandatory videography ensure investigations remain transparent.

Comparison: FIR Under BNSS vs. CrPC

Key Amendments in BNSS Related to FIR

• Mandatory Timeframes: Preliminary inquiries must be completed within 14 days.
• Victim-Centric Provisions: FIRs related to women, children and disabled individuals need mandatory videography.
• Digital Transformation: Introduction of E-FIR and electronic record-keeping for faster and swift justice delivery.

Other Important Provisions Related to FIR

• Refusal to Register FIR (Section 173(4)): Permits complainants to approach higher officials or the Magistrate for justice.

• Witness Protection:Special safeguards safeguard witnesses in sensitive cases.

• Recording of Statements: Digital recording ensures accuracy and stops tampering.

Conclusion

The FIR under Bharatiya Nagarik Suraksha Sanhita (BNSS) is a major reform whose purpose is to improve the criminal justice system in India. The introduction of Zero FIR, E-FIR and preliminary inquiries has enhanced transparency, accountability and accessibility for citizens. While concerns over misuse remain, the BNSS protection makes a balance between controlling false cases and ensuring genuine complaints are addressed. These changes make the criminal investigation process more efficient, aligning the justice system of India with modern policing standards.

Step-by-step guide to file FIR in India with legal rights.

Source

• India code

Also read- FIR