FIR Under the BNSS (Section 173): Zero FIR, e-FIR and the New Rules (2026)
What Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says about registering an FIR, how Zero FIR and e-FIR now work, and the new preliminary enquiry before an FIR. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
You go to a police station to report a crime, and the officer says it is not their area, or asks you to come back later, or simply does not write anything down. That first step, getting the complaint on record, is where most criminal cases are won or lost. Under the new criminal law, the First Information Report is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the Code of Criminal Procedure, 1973 (CrPC). This explainer sets out what Section 173 requires, how Zero FIR and e-FIR now work, and the one new step police can take before registering. Last verified October 2026.
- Section: FIR for a cognizable offence is BNSS Section 173, which replaced CrPC Section 154.
- Zero FIR: any police station can register the FIR, then transfer it to the station with jurisdiction.
- e-FIR: information can be given electronically, and must be signed within three days to be taken on record.
- Preliminary enquiry: for 3-to-7-year offences, police may hold a 14-day enquiry with DSP permission before registering (s.173(3)).
- Nature: Section 173 is procedure; it creates no offence and carries no punishment of its own.
01Why FIR registration matters
An FIR is the first information of a cognizable offence recorded by the police, and it sets the whole criminal process in motion. Without it, there is no investigation, no case number, and nothing for a lawyer to act on.
Two problems come up again and again for ordinary people:
- Refusal on jurisdiction. The station says the offence did not happen in its area, so it will not record anything.
- Delay or informal handling. The complaint is noted in a diary but no FIR is registered, which keeps the matter off the record.
The law has long held that for a cognizable offence, the police have a duty to register an FIR. The BNSS carries that duty forward and adds practical fixes, like filing by electronic means and a clear Zero FIR rule, so that the first step is harder to block.
02What Section 173 of the BNSS covers
Section 173 of the BNSS deals with information given to the police about the commission of a cognizable offence, and the duty to reduce it to writing and register it.
In plain terms, the section provides that:
- information about a cognizable offence must be written down and read over to the informant, and signed by the person giving it;
- a copy of the FIR is given to the informant or victim free of cost;
- information can be given orally, in writing, or by electronic communication;
- for certain offences against women, the information is recorded by a woman officer, and special care applies where the victim is a child or is disabled.
If the officer in charge refuses to register the FIR, the informant can send the complaint in writing to the Superintendent of Police, and can also approach a Magistrate. These safeguards existed in substance under the old law and continue under the BNSS.
03Zero FIR and e-FIR
The two headline changes under Section 173 are the clear recognition of Zero FIR and the option to file an FIR by electronic means.
Zero FIR
A Zero FIR is an FIR that any police station can register for a cognizable offence, even if the offence did not take place in its area. The station records it, gives it a zero number, and then transfers it to the station that actually has jurisdiction. This means a victim no longer has to run between stations before the complaint is even taken.
e-FIR
Section 173 allows information to be given by electronic communication. Where that is done, it has to be signed by the person giving it within three days for it to be taken on record. This supports online reporting, though states are rolling out the systems that make e-FIR fully usable in practice.
04The new preliminary enquiry: Section 173(3)
Section 173(3) adds a step that did not exist in the same form under the CrPC: a limited preliminary enquiry before an FIR is registered in certain cases.
For an offence punishable with imprisonment of three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to check whether there is a prima facie case. This enquiry is to be done within fourteen days. If a prima facie case is found, the investigation proceeds.
A balance, with a risk
The preliminary enquiry is meant to filter out weak or false complaints in a defined band of offences. The concern among lawyers is that it can also delay registration where speed matters, so the time limit and the senior-officer permission are important safeguards to insist on.
For the most serious offences, the duty to register an FIR at once remains, and the preliminary enquiry route does not apply.
05Section 154 CrPC to Section 173 BNSS: what changed
Section 173 of the BNSS is the successor to Section 154 of the CrPC, so the core idea, a duty to register information about a cognizable offence, is the same.
The real changes are these:
| Point | Old law (CrPC s.154) | New law (BNSS s.173) |
|---|---|---|
| Mode of information | Oral or written | Oral, written, or electronic (e-FIR) |
| Zero FIR | Followed through court rulings and circulars | Recognised more clearly in the new scheme |
| Preliminary enquiry before FIR | Not provided in the section | Allowed for 3-to-7-year offences, with DSP permission, within 14 days (s.173(3)) |
| Copy to informant | Free copy of the FIR | Free copy of the FIR continues |
Section 173 is a procedural provision. It does not create an offence and does not carry a punishment of its own. Whether a case is cognizable, and whether it is bailable, depends on the offence that is being reported, not on Section 173. For the stage after investigation, see the chargesheet under BNSS Section 193.
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.
Once an FIR is registered, the matter moves to investigation, then to court, and keeping track of it across stages and forums is hard work. Claw helps on that side. It lets you search 30 crore+ judgments and track cases, orders and hearings by section, party or advocate across 9,102 courts and forums, with results in under 5 seconds. So a lawyer can follow how courts have read Section 173 and related FIR issues, and can watch a live matter after it reaches a court. Case search across Indian courts explains the coverage.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not file your complaint and does not replace legal advice. It does not use customer case documents to train AI models. There is a free plan for individual advocates, with paid plans for teams and enterprises.
07Sources and further reading
- India Code (text of the BNSS): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- LiveLaw (FIR registration under the BNSS): livelaw.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still settling through notifications and court rulings, so check the current text of Section 173 of the BNSS and take advice from counsel on your facts.
08Frequently asked questions
What is Section 173 of the BNSS?
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the First Information Report for a cognizable offence. It replaced Section 154 of the CrPC. It requires the police to record and register the information, give a free copy to the informant, and it now allows electronic filing and recognises Zero FIR.
Which CrPC section did BNSS Section 173 replace?
Section 173 of the BNSS replaced Section 154 of the Code of Criminal Procedure, 1973. The duty to register an FIR for a cognizable offence carries over, with new rules for e-FIR, Zero FIR, and a preliminary enquiry in certain cases.
What is a Zero FIR under the BNSS?
A Zero FIR is an FIR that any police station can register for a cognizable offence, even if the offence did not occur in its jurisdiction. The station gives it a zero number and transfers it to the station that has jurisdiction, so the victim does not lose time.
Can I file an FIR online under Section 173?
Section 173 allows information to be given by electronic communication. When filed electronically, it has to be signed by the informant within three days to be taken on record. State systems for online reporting are still being rolled out, so availability can vary.
What is the preliminary enquiry under Section 173(3)?
For an offence punishable with three to seven years, the officer in charge may, with prior permission of an officer not below Deputy Superintendent of Police, conduct a preliminary enquiry within fourteen days to see if there is a prima facie case before registering the FIR.
Can I track an FIR case in Claw?
Yes, once the matter reaches a court. Claw lets you search judgments and track cases, orders and hearings across 9,102 courts and forums by section, party or advocate, with results in under 5 seconds. It does not file your complaint and does not give legal advice.