Section 154 CrPC (Now BNSS 173): FIR Registration Explained (2026)
What Section 154 CrPC says, how it became Section 173 of the BNSS 2023, what Zero-FIR and e-FIR mean, and what to do when the police refuse to register your complaint.
Explainer · Criminal Procedure
A person walks into a police station to report a crime, and is told to come back later, go to another station, or settle it quietly. This happens often, and it can cost the victim valuable time and evidence. Section 154 of the Code of Criminal Procedure (CrPC) is the rule meant to stop this. It requires the police to register a First Information Report (FIR) for a cognizable offence and give the informant a free copy. Under the new code, the same duty sits in Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which also allows e-FIR and Zero-FIR. This page explains the rule, the change, and the remedies. Last verified: October 2026.
- The rule: Section 154 CrPC requires an FIR for a cognizable offence, with a free copy to the informant.
- New code: Section 173 BNSS 2023, in force from 1 July 2024.
- New in BNSS: e-FIR (sign within 3 days) and Zero-FIR in the statute.
- If refused: write to the SP, then apply to the Magistrate.
01What an FIR is
An FIR is the first written record of a cognizable offence that the police prepare when they receive information about it. It is the point where a criminal case formally begins. Cognizable offences are the more serious ones, such as murder, rape, robbery and kidnapping, where the police can arrest without a warrant and start an investigation without waiting for a Magistrate.
What it contains
An FIR records who gave the information, when and where the incident happened, a short account of what took place, and the names of the accused if known. It is not proof of guilt. It is the starting point for the investigation.
Why the date and time matter
An FIR fixes the earliest version of events. Courts look at when it was lodged and whether there was an unexplained delay. A prompt FIR is also what lets the police collect evidence while it is still fresh.
An FIR is not a judgment on guilt. It is the first written record that sets a criminal investigation in motion.
02The duty to register: Section 154 CrPC and the Lalita Kumari principle
Section 154 CrPC says that when information about a cognizable offence is given to the officer in charge of a police station, it must be written down, read over to the informant and signed by them. The informant must also be given a copy of the information free of cost.
For years, police often argued they could first check whether the complaint was true. The Supreme Court settled this in Lalita Kumari v. Government of Uttar Pradesh, decided by a five-judge Constitution Bench on 12 November 2013. The Court held that registration of an FIR is mandatory under Section 154 if the information discloses a cognizable offence, and that no preliminary inquiry is allowed in such a case.
Where a preliminary inquiry is still allowed
The Court also said that if the information does not clearly disclose a cognizable offence, a short preliminary inquiry may be done to check. It gave examples of such cases, like matrimonial or family disputes, commercial offences, medical negligence, corruption cases and cases with abnormal delay in reporting. That inquiry should be completed within a limited time, and the reasons for not registering should be recorded.
What counts as a cognizable offence
The First Schedule of the CrPC, and now of the BNSS, lists which offences are cognizable. If the facts you report fall in that list, the duty to register applies. For the wider set of terms, see our guide to FIR and criminal case management tools.
03Zero-FIR and e-FIR under BNSS Section 173
The BNSS 2023 came into force on 1 July 2024 and replaced the CrPC. Section 173 now carries the FIR rule, and it adds two things that were earlier only practice or circular-based: e-FIR and Zero-FIR.
What is Zero-FIR
A Zero-FIR is an FIR registered at any police station, even when the offence happened in another police station area. The station numbers it zero and then transfers it to the station that has jurisdiction. This means a victim does not lose time or evidence because of a jurisdiction argument. Under the BNSS it is now part of the statute itself.
What is e-FIR
Under Section 173, information about a cognizable offence can be given orally or by electronic communication, such as an online portal or email. If it is given electronically, the informant has to sign it within three days for it to be taken on record. If it is given orally, the officer writes it down, reads it back, and the informant signs it. Women who report certain offences, such as sexual offences, have additional protections on how the statement is recorded.
A new step for some mid-level offences
For cognizable offences punishable with imprisonment of three years or more but less than seven years, the BNSS allows the officer, with the permission of a senior officer, to hold a preliminary inquiry within a fixed period to decide if there is a prima facie case. This is meant to be used with care, and it does not apply to the most serious offences.
04What to do if the police refuse to register an FIR
If the station refuses to register your FIR even though the facts disclose a cognizable offence, the law gives you a clear sequence of steps.
- Send the information in writing to the Superintendent of Police. Section 154(3) CrPC lets you send the substance of your complaint by post to the SP. If the SP is satisfied that a cognizable offence is disclosed, the SP must investigate or direct it. The BNSS keeps this route in Section 173.
- Apply to the Magistrate. Under Section 156(3) CrPC, a Magistrate can order the police to register an FIR and investigate. The Supreme Court has said in Priyanka Srivastava v. State of U.P. (2015) that applicants should first try the Section 154(3) route and support the application with an affidavit.
- Under the BNSS, the Magistrate power is in Section 175(3), which also requires the application to be supported by an affidavit and allows the Magistrate to consider what the police say before ordering an investigation.
- Consider a writ. In serious cases, a petition in the High Court seeking a direction to register the FIR is also used.
Keep proof of your attempt
Note the date and time you went to the station, the name of the officer, and keep a copy of your written complaint. Send a copy by registered post or e-mail. This proof matters when you approach the SP or the Magistrate.
For how a Magistrate order under the old Section 156(3) works in detail, see Section 156(3) CrPC explained. For what happens once an investigation begins and property is seized, see Section 102 CrPC.
05CrPC 154 to BNSS 173: what changed and what did not
Section 173 BNSS is the direct successor of Section 154 CrPC. The core duty did not change. What changed is the way information can be given, and the formal recognition of Zero-FIR.
| Point | CrPC 1973 | BNSS 2023 |
|---|---|---|
| Section number | Section 154 | Section 173 |
| Duty to register for cognizable offence | Yes (Lalita Kumari, 2013) | Yes, in the statute |
| Electronic information | Not in the section | Allowed, informant signs within 3 days |
| Zero-FIR | By practice and circulars | Recognised in the section |
| Free copy to informant | Section 154(2) | Section 173(2) |
| Complaint to SP if refused | Section 154(3) | Section 173(4) |
| Magistrate order to register | Section 156(3) | Section 175(3) |
Offences committed before 1 July 2024 are still handled under the old law and the old numbering, so you will see both Section 154 CrPC and Section 173 BNSS in practice for some time.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For criminal practice, this matters in two ways. First, advocates can search Supreme Court and High Court judgements on FIR registration, such as Lalita Kumari and later cases on Section 173 BNSS, with verified citations. Second, once an FIR leads to a case, Claw can track the matter, hearing dates and cause lists, and send alerts by WhatsApp and email. Claw has a free plan for individual advocates, and paid plans for teams.
07Sources and further reading
- Bharatiya Nagarik Suraksha Sanhita 2023 and CrPC 1973 (official text): indiacode.nic.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, not legal advice. Check the official text for your exact case.
08Frequently asked questions
What is an FIR?
An FIR (First Information Report) is the first written record the police make of a cognizable offence. It starts the criminal investigation. It is registered under Section 154 CrPC, now Section 173 BNSS, and the informant gets a free copy.
Can the police refuse to register an FIR?
Not if the information discloses a cognizable offence. In Lalita Kumari (2013), the Supreme Court held that registration is mandatory in such cases. If they refuse, write to the Superintendent of Police, and then apply to the Magistrate for an order.
What is a Zero-FIR?
A Zero-FIR is an FIR registered at any police station, whatever the place of the offence. The station then transfers it to the police station that has jurisdiction. The BNSS now recognises it in Section 173.
What is the BNSS equivalent of Section 154 CrPC?
Section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023. It came into force on 1 July 2024 and keeps the duty to register an FIR, while adding e-FIR and Zero-FIR.
How do I get a copy of the FIR?
The police must give the informant a copy free of cost at the time of registration, under Section 154(2) CrPC and the matching BNSS provision. Many state police websites also publish FIRs online for download.