Can Police Refuse to Register an FIR? Section 173 BNSS Explained

 

Introduction: Can Police Refuse to Register an FIR Under Section 173 BNSS?

Imagine visiting a police station to report a serious offence, only to hear the officer say, "This incident did not happen in our area." Alternatively, the officer may tell you that an investigation must take place before an FIR can be registered.

Can the police legally refuse to register an FIR in such circumstances?

The answer depends on the nature of the information received, whether it discloses a cognizable offence, and the applicable provisions of criminal procedure.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 173 primarily governs the recording of information relating to cognizable offences. It also addresses territorial jurisdiction, electronic communication, and a specific preliminary inquiry mechanism.

Understanding these provisions is essential for citizens, law students, and judiciary aspirants because the registration of an FIR is an important stage in the criminal justice process.

 

 

What Is an FIR?

FIR stands for First Information Report. In general terms, it refers to information relating to the commission of a cognizable offence recorded by the police under the applicable criminal procedure.

Section 173 of the BNSS governs information in cognizable cases.

An FIR is an important starting point for a criminal investigation, but it does not establish that the accused is guilty. Guilt must be determined through the applicable legal process.

Remember:

• FIR registration does not mean that the accused has been proved guilty.
• FIR registration does not automatically mean that the accused must be arrested.
• Investigation and trial are distinct stages of criminal proceedings.

 

What Does Section 173 BNSS Say About FIR Registration?

Section 173 BNSS deals with information relating to cognizable offences. It provides the statutory framework for recording such information and contains important provisions that judiciary aspirants should understand.

Information Can Be Given Irrespective of Territorial Jurisdiction

Section 173(1) permits information relating to a cognizable offence to be given to the officer in charge of a police station irrespective of the area where the offence was committed.

This principle supports the concept of Zero FIR, helping prevent territorial jurisdiction from becoming an immediate barrier to reporting a cognizable offence.

Information Can Be Given Electronically

Section 173 also recognises information given through electronic communication. Under Section 173(1)(ii), such information must be signed by the person giving it within three days to be taken on record in accordance with the provision.

This makes electronic reporting an important part of the modern criminal procedure framework.

A Copy of the Recorded Information

Under Section 173(2), a copy of the information recorded under the relevant provision must be given forthwith, free of cost, to the informant or victim.

What Is Zero FIR Under BNSS?

Suppose a person is assaulted in Delhi but reaches a police station in Jaipur to report the incident.

Can the police refuse to record the information simply because the offence occurred outside their territorial jurisdiction?

Section 173(1) BNSS permits information relating to a cognizable offence to be given irrespective of the area where the offence was committed. This provides the statutory foundation for the concept commonly known as Zero FIR.

A Zero FIR can be registered without waiting for the ordinary territorial jurisdiction question to be resolved. The matter can subsequently be transferred or dealt with by the appropriate police station under the applicable procedure.

Why Is Zero FIR Important?

Zero FIR helps make the reporting of cognizable offences more accessible. It can be particularly important when a person is travelling, faces an emergency, or needs to report an offence outside the area where it occurred.

The key principle is that territorial jurisdiction should not, by itself, prevent a person from reporting information relating to a cognizable offence.

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Is FIR Registration Mandatory?

The leading Supreme Court authority on the registration of FIRs is Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.

The Constitution Bench held under the former Code of Criminal Procedure, 1973 (CrPC), that registration of an FIR was mandatory where the information disclosed the commission of a cognizable offence. A preliminary inquiry was not ordinarily permissible merely to verify the truth of such information before registration.

However, the current legal framework under the BNSS must also be considered.

Section 173(3) introduces an express preliminary inquiry mechanism for a specified category of cognizable offences. Therefore, the legal position under the BNSS should not be explained by applying the earlier CrPC framework without accounting for this statutory change.

What Is the Relevance of Lalita Kumari?

The judgment remains an important authority for understanding the principle governing FIR registration under the earlier CrPC framework.

For current legal analysis, judiciary aspirants should study the judgment alongside Section 173 BNSS, paying particular attention to the statutory preliminary inquiry provision.

 

When Can a Preliminary Inquiry Be Conducted Under BNSS?

Section 173(3) BNSS contains a specific provision relating to preliminary inquiry.

Where information relates to a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge of the police station may, considering the nature and gravity of the offence and with prior permission from an officer not below the rank of Deputy Superintendent of Police:

• Conduct a preliminary inquiry to ascertain whether a prima facie case exists for proceeding, or
• Proceed with investigation if a prima facie case exists.

The preliminary inquiry must be completed within fourteen days.

This provision is an important distinction between the BNSS framework and the earlier CrPC framework discussed in Lalita Kumari.

Does This Mean Police Can Delay Every FIR?

No. Section 173(3) does not create unrestricted discretion to delay or refuse FIR registration in every case.

Its application is limited to the category of offences and conditions specified in the provision. The nature of the alleged offence, its prescribed punishment, the required prior permission, and the statutory time limit must be considered.

What Can You Do If the Police Refuse to Register an FIR?

The BNSS provides a statutory remedy where the officer in charge of a police station refuses to record information relating to a cognizable offence.

Step 1: Approach the Superintendent of Police

Under Section 173(4) BNSS, an aggrieved person may send the substance of the information in writing and by post to the Superintendent of Police concerned.

If satisfied that the information discloses the commission of a cognizable offence, the Superintendent of Police may investigate the case personally or direct an investigation by a subordinate police officer in accordance with the provision.

Keep a copy of the complaint and proof of dispatch or delivery for your records.

Step 2: Approach the Jurisdictional Magistrate

If the statutory remedy before the Superintendent of Police does not resolve the matter, the aggrieved person may approach the competent Magistrate under the applicable procedure.

Section 175(3) BNSS provides the procedure through which a Magistrate empowered under the provision may order an investigation after considering an application supported by an affidavit, making such inquiry as considered necessary, and considering the submissions of the police officer as prescribed.

The exact procedure and the relief available depend on the facts and the statutory requirements.

Step 3: Preserve Relevant Documents

Keep copies of the written complaint, supporting documents, electronic communications, postal receipts, acknowledgements, and any response received from the authorities.

These records may help establish the steps already taken when seeking further legal remedies.

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What Is the Difference Between Cognizable and Non-Cognizable Offences?

The distinction between cognizable and non-cognizable offences is essential to understanding FIR registration.

Cognizable Offences

In a cognizable case, the police have the statutory authority to investigate in accordance with the applicable law without first obtaining an order from a Magistrate. The registration of information is governed principally by Section 173 BNSS.

Non-Cognizable Offences

Section 174 BNSS governs information relating to non-cognizable cases.

Under Section 174(2), a police officer cannot investigate a non-cognizable case without the order of a Magistrate having the power to try the case or commit it for trial.

Therefore, the procedure applicable to a cognizable offence should not automatically be applied to a non-cognizable offence.

 

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Does FIR Registration Automatically Lead to Arrest?

No. FIR registration and arrest are separate legal questions.

The registration of an FIR initiates or records the criminal process in accordance with the applicable law. Whether an arrest can or should be made depends on the statutory requirements and the circumstances of the case.

Section 35 BNSS governs important aspects of arrest without warrant, including the applicable conditions and safeguards.

Therefore, it is legally incorrect to assume that every person named in an FIR must automatically be arrested.

Remember:

FIR registered does not mean automatic arrest.

FIR registered does not mean guilt has been proved.

 

 

Judiciary Exam Revision Formula

For judiciary aspirants, the topic becomes easier to remember when the statutory provisions and remedies are studied in sequence.

FIR Registration Sequence

Information received → Determine whether the alleged offence is cognizable → Apply Section 173 BNSS → Consider whether Section 173(3) preliminary inquiry applies → Follow the statutory procedure.

Remedy Against Refusal

Police station refuses to record information → Section 173(4) BNSS → Superintendent of Police → Section 175(3) BNSS → Appropriate Magistrate procedure.

Important Legal Authorities and Provisions

• Section 173 BNSS: Information in cognizable cases.
• Section 173(3) BNSS: Preliminary inquiry in the specified category of cases.
• Section 173(4) BNSS:Remedy before the Superintendent of Police following refusal.
• Section 174 BNSS:Information as to non-cognizable cases./li>
• Section 175(3) BNSS: Procedure for a Magistrate to order investigation.
• Lalita Kumari v. Government of Uttar Pradesh (2014): Leading Supreme Court authority on FIR registration under the former CrPC framework.

For examination purposes, always distinguish the earlier CrPC position from the express preliminary inquiry provision introduced by the BNSS.

 

Frequently Asked Questions

Can police refuse to register an FIR because the offence occurred in another area?

Section 173(1) BNSS permits information relating to a cognizable offence to be given irrespective of the area where the offence was committed. Territorial jurisdiction alone should not prevent the information from being reported.

Is FIR registration mandatory under BNSS?

Where information discloses a cognizable offence, Section 173 governs the applicable procedure. However, Section 173(3) provides a specific preliminary inquiry mechanism for a defined category of cases, subject to its statutory conditions.

What should I do if the SHO refuses to register an FIR?

Section 173(4) BNSS provides a remedy before the Superintendent of Police. If the matter remains unresolved, the applicable procedure under Section 175(3) permits an approach to the competent Magistrate, subject to the statutory requirements.

Can a Zero FIR be registered outside the place where an offence occurred?

Section 173(1) permits information relating to a cognizable offence to be given irrespective of territorial jurisdiction. This is the statutory basis for the commonly used concept of Zero FIR.

Does an FIR prove that the accused is guilty?

No. An FIR records information concerning an alleged cognizable offence. Guilt must be determined through the applicable criminal justice process.

 

Conclusion

Police powers relating to FIR registration are governed by statutory requirements, not unrestricted personal discretion.

Section 173 BNSS provides the principal framework for recording information relating to cognizable offences. It also addresses information given irrespective of territorial jurisdiction, electronic communication, and preliminary inquiry in specified cases.

Where the police station refuses to record the information, Section 173(4) provides a remedy before the Superintendent of Police, while Section 175(3) sets out the relevant procedure for seeking an order for investigation from a competent Magistrate.

For judiciary aspirants, the most important task is to study Section 173 BNSS alongside Lalita Kumari, Zero FIR, preliminary inquiry, and the remedies available against refusal.

At Vidhik Shiksha, MJ Sir and the Modern Law Gurukul approach legal concepts by connecting statutory provisions with practical situations, helping students understand not only what the law says but also how the legal process works.