How to File an FIR in India and What Happens After — A Complete Guide

The First Schedule of the BNSS classifies every offence as cognizable or non-cognizable. Cognizable offences must be registered as an FIR under Section 173 BNSS; non-cognizable offences are recorded as an NCR (Non-Cognizable Report) under Section 174, and prosecution requires a Magistrate's permission.

Most serious offences are cognizable — offences against the body (Sections 100-125 BNS, covering murder, hurt, grievous hurt, kidnapping), sexual offences (Sections 63-79 BNS), property crimes above certain thresholds (theft, robbery, dacoity, cheating), and offences under special statutes like the SC/ST (Prevention of Atrocities) Act, POCSO, NDPS Act. When in doubt, ask: 'is this something the police should be able to arrest for without a warrant?' If yes, it's cognizable.

Jurisdiction: the FIR should be filed at the police station in whose local limits the offence occurred. But under Section 173(1) BNSS, information about a cognizable offence can be given to any police station — see step 3 on Zero FIR. Cyber crimes have a separate regime: you can file at any cybercrime station, or online at cybercrime.gov.in, and the case is routed to the correct jurisdictional station.

Go to the police station with jurisdiction. Ask for the Duty Officer or the Station House Officer (SHO). Narrate the incident in your own words — the officer writes it down as your statement, reads it back to you, and you sign it. The FIR is then entered in the station's General Diary and given a unique number.

Your rights at this stage:

• Free copy of the FIR under Section 173(2) BNSS — take it before you leave. Without a copy, you have no proof the FIR was filed.
• Right to have the statement recorded in a language you understand — insist on this if the officer is writing in Hindi/regional language you're uncomfortable with.
• Right to give the statement to a woman officer for sexual offences under Section 176(1) BNSS.
• Right to have a lawyer present in a supervisory capacity (though the statement itself is yours).

What to bring: identification (Aadhaar, PAN, driving licence, passport); documentary evidence — medical reports for hurt cases, bank statements for financial fraud, screenshots for cyber offences, valuation certificates for stolen property; contact details of witnesses. For sexual offences, do not shower, change clothes, or clean up before medical examination — physical evidence is critical.

Modern refinements to be aware of: e-FIR / online FIR is now available for many offences in Delhi, UP, Karnataka, Maharashtra, Tamil Nadu and Kerala — property offences, missing persons, cybercrime; for serious offences (against body, sexual assault) physical filing remains the norm. Some states allow audio-visual recording of the FIR narration under Section 173(1)(b) BNSS — insist on this in sensitive cases.

A Zero FIR is an FIR filed at a police station that does not have territorial jurisdiction, given the number '0' pending transfer to the correct station. Section 173(1) BNSS (following the earlier Section 154 CrPC) explicitly authorises this: any police station must register an FIR for a cognizable offence, regardless of where the offence occurred, and transfer it to the jurisdictional station.

Zero FIR exists because insisting on jurisdictional filing wastes time when it matters most — sexual assault victims should not be turned away from the nearest station, accident victims shouldn't have to travel to the crash site, cybercrime victims can't easily identify where the fraudster is. The Supreme Court in Lalita Kumari v. State of U.P., (2014) 2 SCC 1 made FIR registration mandatory for cognizable offences and confirmed that jurisdictional objections cannot be a ground for refusal.

How to file a Zero FIR: go to any convenient police station and specifically ask for a 'Zero FIR' — the term is now well-recognised across forces. Bring the same documentation as for a regular FIR. The station registers the FIR, marks it as 'Zero', and forwards it to the jurisdictional station within 24 hours.

Where the offence has been committed against a woman, or is of a serious nature (sexual assault, acid attack, dowry death, kidnapping), Zero FIR should be the norm rather than the exception. Any refusal to register a Zero FIR is itself misconduct under Section 199 BNS and can be reported.

Refusal to register an FIR is a systemic problem, especially where the accused is influential or the offence is 'inconvenient' to record (rape statistics, communal offences, cases against police themselves). Two escalation routes exist.

Written complaint to the Superintendent of Police under Section 173(4) BNSS. Send by registered post AND email. The SP must either register the FIR himself or direct a subordinate to do so, or investigate and take necessary action. Response typically comes within 15-30 days. For serious refusals, escalate further to the Director General of Police or the state's Home Secretary.

Magistrate application under Section 175(3) BNSS — the most powerful remedy. File a written complaint before the Judicial Magistrate having jurisdiction over the offence, requesting a direction to police to register the FIR and investigate. The Magistrate examines your affidavit and can direct police registration. The Supreme Court in Lalita Kumari and subsequent cases has emphasised that this direction is compulsory where the complaint discloses a cognizable offence.

Typical documents: your written complaint (with copy of the earlier refusal or postal receipts showing attempted delivery), affidavit narrating the offence and refusal, list of witnesses, supporting evidence. Engage a lawyer for the Magistrate application — a well-drafted application usually receives directions within 2-4 hearings.

Where refusal follows a pattern (multiple victims, multiple attempted filings), a writ petition in the High Court is also available. In extreme cases the court has transferred investigation to the CBI. See our detailed guide on police refusing to file FIR.

Once registered, the FIR triggers the police investigation under Chapter XII BNSS.

Investigation includes recording of witness statements under Section 180 BNSS, gathering physical and forensic evidence, medical examination of victims where relevant, searches and seizures (with warrants except in specified urgent situations), and recording statements of suspects (which are not evidence at trial unless recorded before a Magistrate under Section 183 BNSS). BNSS introduced a 90-day timeline for investigation of serious offences with mandatory status updates to the informant every 15 days — a significant reform. For offences punishable up to 3 years, the timeline is 45 days.

Arrest follows the Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 guidelines codified in Section 35 BNSS: for offences up to 7 years' punishment, the police officer must record reasons in writing before arresting and the Magistrate must be satisfied at first production. For offences punishable up to 3 years, a Notice to Appear under Section 35(7) BNSS is the default — arrest only where necessary. This is a major protection against reflex arrests, particularly in matrimonial cases (Section 85 BNS / 498A IPC), corruption cases below the sanctions threshold, and cheating cases.

Charge sheet or closure report: at the end of investigation, the police file a charge sheet under Section 193 BNSS (if evidence supports prosecution) or a closure report (if not). The Magistrate can accept the charge sheet, disagree and order further investigation, or accept closure and issue notice to the informant. If closure is proposed, the informant has a right to be heard and can file a Protest Petition — the Magistrate can take cognizance despite the closure report and summon the accused directly.

Throughout, keep the FIR number and CNR number handy. Track status via the state police portal or the CCTNS (Crime and Criminal Tracking Network) — most states now offer online status tracking.

Receiving news of an FIR against you is jarring but not the end. What matters is what you do in the first 48 hours.

Do not go to the police station without a lawyer. Anything you say can be used in the investigation. The right to silence and the right against self-incrimination under Article 20(3) apply. Confessions to police are not admissible evidence under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 — but statements made can be used to lead police to other evidence.

Assess arrest risk. Where the offence is punishable up to 7 years, arrest requires the Section 35 BNSS reasons and often isn't imminent. Where the offence is punishable above 7 years, arrest can be immediate. Sexual offences, offences under the SC/ST Act, and certain economic offences (PMLA, POCSO, UAPA) have stricter bail provisions.

Consider anticipatory bail. Section 482 BNSS (formerly Section 438 CrPC) allows you to approach the Sessions Court or High Court in anticipation of arrest. If granted, the police cannot arrest you — they must serve a notice to appear. Anticipatory bail can be sought immediately after FIR registration; the court typically issues a short interim protection order at the first hearing while the state files its response. Not available for SC/ST atrocity cases (with narrow exceptions after Prithvi Raj Chauhan v. Union of India, (2020) 4 SCC 727), and severely restricted for POCSO, UAPA and PMLA offences.

Preserve evidence of innocence: alibi records, CCTV, phone location data (Google Timeline export), bank records, third-party witnesses. Where the FIR alleges an incident on a specific date, quickly assemble proof of where you actually were. See our rights upon arrest guide for detailed conduct at police interactions.

Where an FIR is prima facie false, malicious, or discloses no offence, the appropriate remedy is a quashing petition in the High Court under Section 528 BNSS (formerly Section 482 CrPC), which preserves the High Court's inherent power to prevent abuse of process.

The Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 laid down seven categories where quashing is appropriate — allegations don't disclose an offence, uncorroborated allegations manifestly false, allegations absurd or inherently improbable, allegations do not constitute the offence charged, express bar on the proceedings under law, malafide institution for personal grudge. These remain the framework courts apply.

Common categories where quashing succeeds: (1) matrimonial cases where FIRs under Section 85 BNS / 498A IPC are filed as pressure tactics; (2) financial disputes dressed up as criminal cases (Section 318 BNS cheating); (3) fully-settled cases where victim now consents to quashing; (4) FIRs against neighbours or business rivals for civil wrongs. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Supreme Court held that even non-compoundable offences can be quashed if the parties have genuinely settled and continuation would be an abuse of process.

Procedure: file the petition in the High Court with jurisdiction. The petition annexes the FIR, any subsequent statements or charge sheet, and pleads why the case is an abuse of process. Interim stay of investigation is often granted at the first hearing where the case is strong. Final relief takes 6-18 months typically. Cost: ₹50,000-₹5,00,000+ depending on complexity and lawyer.

For fully-settled cases with the complainant's consent, quashing is quicker — some High Courts dispose of joint compromise petitions in a single hearing. See our detailed quashing guide for the strategic considerations.