Police logged an NC but the facts need an FIR: BNSS guide

Do not demand an FIR merely because the incident is serious to you. Whether an offence is cognizable depends on the law and the facts disclosed. Equally, the station cannot avoid the statutory route by changing a cognizable complaint into a vague “petition” or NC without applying the correct classification.

If anyone is in immediate danger, call the official emergency service or go to the nearest police station. The evidence-building steps below are for follow-up, not a reason to delay safety or medical care.

Searches for NC vs FIR and difference between NC and FIR are asking which paper the station was required to make.

An NC, or non-cognizable report, is the station record under BNSS section 174 when the information is treated as a non-cognizable offence. Police enter the substance in the prescribed book, refer the informant to the Magistrate, and cannot investigate without a Magistrate's order. With that order they have ordinary investigation powers except arrest without warrant.

An FIR is the record under BNSS section 173 of information relating to a cognizable offence. Oral information is reduced to writing and signed. Electronic information must be signed within three days. A copy of the recorded information is to be given free of cost to the informant or victim. Police may investigate a cognizable case without a prior Magistrate order, subject to the rest of the BNSS.

Classification depends on the offence disclosed, not on how inconvenient the complaint is for the station. See also FIR vs NCR vs complaint.

This guide is not a legal opinion on whether your facts are cognizable. That turns on the exact section and the facts. A local criminal lawyer should confirm the section. The steps below are the statutory path if the station logged NC when the information disclosed a cognizable offence.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has been in force since 1 July 2024 and is available from the Ministry of Home Affairs' official New Criminal Laws page:

• Section 173 governs information relating to a cognizable offence.
• Section 174 governs information relating to a non-cognizable offence.

For a non-cognizable offence, the station records the substance in the prescribed book, refers the informant to the Magistrate, and cannot investigate without a Magistrate's order. If a case concerns two or more offences and at least one is cognizable, section 174(4) treats the whole case as cognizable.

For a cognizable offence, section 173 permits information to be given irrespective of the area where the offence occurred. That is the statutory basis of a Zero FIR: the station of first report records the cognizable information even if the offence happened elsewhere, and territorial transfer can follow. Oral information is reduced to writing and signed. Electronic information must be signed within three days in the manner contemplated by the section. A copy of the recorded information is to be given free of cost to the informant or victim.

Do not invent a 15-day FIR clock. There is no statutory rule that police may sit on a cognizable complaint for 15 days and then log it as NC.

Make a one-page chronology containing:

1. date, time and place of each event;
2. acts actually seen, heard, received or discovered;
3. names and identifying details, separating known facts from suspicion;
4. injury, threat, property loss or digital transaction details;
5. witnesses and available CCTV or electronic records;
6. the date and mode of the first police complaint;
7. station, receiving officer, diary/NC number and acknowledgement;
8. the exact words used by police to classify or decline the complaint.

Attach legible copies, not an unindexed data dump. Preserve original devices and files. Do not edit a screenshot in a way that removes time, sender or URL context.

Ask a criminal-law practitioner to identify the possible offence provisions. The classification may turn on intention, injury, value, relationship, repeated conduct or another fact that a general internet checklist cannot decide.

If one of several acts is cognizable, say so in the chronology — section 174(4) treats the whole case as cognizable.

Ask for a copy or at least the number, date and sections recorded. If the station says it is only a “petition inquiry”, request a dated receiving acknowledgement for your full written complaint.

1. Note the NC number, date, time, police station and officer.
2. If they will not hand a copy, record those details in your own signed note and photograph the acknowledgement slip.
3. Keep your original written complaint and any stamp or diary number.

Check whether the record omits a fact central to the cognizable offence. If so, submit a short correction referring to the earlier acknowledgement; do not rewrite the story each time. A stable chronology improves later review by the SP or Magistrate.

Your written representation can be calm and specific:

I submitted the enclosed complaint on [date], acknowledged as [NC/diary number].
The record appears to treat it as non-cognizable. The complaint states that
[two or three material facts]. Please provide the sections entered and deal
with the information under the applicable BNSS provision. If the station finds
that no cognizable offence is disclosed, please preserve and communicate the
recorded classification and action taken.

Do not insist on a section you know is wrong. Your goal is review of the actual facts under the correct legal schedule.

The Supreme Court has repeatedly applied the Constitution Bench rule in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1: where the information discloses a cognizable offence, FIR registration is mandatory. The officer cannot first test whether the information is “true”. The successor provision is BNSS section 173. An official Supreme Court judgment applying that principle is available in this 6 December 2019 decision.

BNSS section 173(3) now expressly permits a limited preliminary inquiry for information relating to a cognizable offence punishable with imprisonment of three years or more but less than seven years. It requires prior permission from an officer not below the rank of Deputy Superintendent of Police and contemplates completion within fourteen days to ascertain whether a prima facie case exists, or proceeding with investigation when a prima facie case exists.

That provision is not a general licence to postpone every FIR or to erase the complaint, and it is not an NC procedure. If an inquiry is closed, seek the recorded decision and reasons. An official 2021 Supreme Court judgment discusses communicating reasons after closure of a preliminary inquiry.

There is no portal button labelled “convert NC to FIR”. How to convert NC to FIR is the statutory path in section 173(4), not a station favour.

1. If the written facts disclose a cognizable offence, the lawful record is an FIR under section 173, not an NC under section 174.
2. Send the substance of the information in writing and by post to the Superintendent of Police of the district, or the Commissioner of Police where a commissionerate applies. The statute specifies post. Deliver a second copy in person for a stamp if you can, and keep the postal receipt.
3. If the SP is satisfied that the information discloses a cognizable offence, section 173(4) allows the SP to investigate personally or direct investigation by a subordinate officer.
4. If that route fails, the same sub-section points the aggrieved person to the Magistrate. BNSS section 175(3) governs a Magistrate's power to order investigation on an application supported by an affidavit. See Magistrate order for FIR under section 175(3) and the older CrPC analogue section 156(3) when police refused an FIR.
5. RTI runs alongside this path to fetch the diary and the reasons. It does not itself register the FIR. See when the SHO refuses to register an FIR and RTI for FIR not registered.

For a genuine non-cognizable matter, the informant the station referred to the Magistrate files a complaint; the Magistrate examines the complainant under BNSS section 223. That is the NC route. It is not a substitute for FIR when the facts were cognizable.

BNSS section 173(4) provides the next statutory route when the officer in charge refuses to record cognizable information. Send the substance of the complaint in writing and by post to the Superintendent of Police concerned. Keep proof of dispatch and delivery.

A useful packet contains:

1. a two-page covering representation;
2. the original complaint and acknowledgement;
3. NC/diary copy;
4. a short note explaining which material facts require cognizable review;
5. indexed supporting documents;
6. safe contact details and a request for written action taken.

Do not send original evidence. If the SP is satisfied that the information discloses a cognizable offence, section 173(4) allows the SP to investigate personally or direct investigation by a subordinate officer.

Replace the brackets. Have a lawyer review it if the offence is serious.

To
The Superintendent of Police / Commissioner of Police
[District / City]

Date: [DD/MM/YYYY]

Subject: Request to register an FIR under BNSS section 173 — complaint
wrongly entered as NC at [Police Station] on [date]

Respected Sir / Madam,

1. I am [Name], resident of [address], mobile [number].

2. On [date] I reported the following at [Police Station]:
   [Facts — what, who, when, where, harm or loss.]

3. Instead of recording a First Information Report under section 173 of
   the Bharatiya Nagarik Suraksha Sanhita, 2023, the police made a
   non-cognizable entry. NC number / diary number: [NUMBER]. Copy enclosed.

4. The information discloses a cognizable offence. The Constitution Bench
   in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1 held that registration
   of an FIR is mandatory when the information discloses a cognizable
   offence. Section 173 of the BNSS is the successor of section 154 of
   the CrPC. If one of the offences disclosed is cognizable, section 174(4)
   treats the whole case as cognizable.

5. Under section 173(4) BNSS I request you to investigate the case yourself
   or direct a subordinate officer, and to have an FIR registered and a
   free copy given to me under section 173(2).

6. If this is not done I will apply to the Magistrate under section 173(4)
   read with section 175(3) BNSS.

Yours faithfully,
[Name, signature, mobile, email]

Enclosures: NC copy; original complaint; evidence list; identity proof.

If the SP route does not resolve the refusal, section 173(4) points the aggrieved person to the Magistrate. BNSS section 175(3) governs a Magistrate's power to order investigation on an application supported in the manner required by that provision. The Magistrate empowered under section 210 considers the section 173(4) attempt, the affidavit, such inquiry as the Magistrate thinks necessary, and the police officer's submission.

This is a court filing. Use local counsel to identify the competent court, prepare the affidavit and disclose the station/SP steps honestly. Take:

• the complaint chronology;
• station and SP acknowledgements;
• postal delivery proof;
• NC or diary record;
• evidence index;
• any police response or closure reason.

Do not hide an earlier case, cross-complaint, settlement or parallel proceeding. The Magistrate needs a complete factual record.

Once an FIR is registered you are entitled to a free copy forthwith under section 173(2). If it is withheld, see how to get an FIR copy and download FIR copy online.

For an ongoing cyber financial fraud, promptly use the National Cyber Crime Reporting Portal and the official 1930 helpline in addition to contacting the bank. The portal explains that complaints are handled by the relevant State or Union Territory police. Walk through how to file a cybercrime complaint and the 1930 call script. A portal report is not by itself an FIR; see cybercrime portal versus the police station.

Keep transaction IDs, beneficiary details, screenshots and the portal acknowledgement. Follow the police unit shown in the record. Status of the portal ticket is tracked on cybercrime complaint status — that page is the status how-to; this page is the NC-to-FIR path if the station still logs only an NC despite cognizable cheating or related facts.

After the operational police and court steps, a focused RTI can seek existing administrative records, subject to lawful exemptions. Police are a public authority. Police RTI is usually a State filing. Use your State RTI portal and fee, not only rtionline.gov.in (that portal is for central public authorities). File under RTI Act 2005 section 6(1). Reply is due in 30 days under section 7(1). Silence is deemed refusal; first appeal section 19(1) — see first appeal under section 19 and the first-appeal guide.

Ask the PIO of the correct police authority for:

To
The Public Information Officer
Office of the Superintendent of Police
[District, State]

Subject: Information under Section 6(1) of the RTI Act, 2005 — NC entry
[NUMBER] dated [DATE] at [Police Station]

1. Certified copy of the diary/NC/general-diary entry made on my complaint
   dated [date], including the NC or GD number.
2. The sections and classification recorded on that complaint, and the name
   and designation of the officer who decided not to register an FIR under
   BNSS section 173.
3. Date-wise movement and present custodian of the representation.
4. Certified copy of the action-taken report, closure note or recorded reasons.
5. Whether the substance was forwarded to the Magistrate as a daily diary
   report under section 174(1); if yes, the date and diary number.
6. Copy of the forwarding record for my representation to the SP dated [date].
7. The rule or standing instruction governing communication of an NC/closure
   decision to the informant.

I am a citizen of India. Please provide the information within 30 days under
Section 7(1). If another officer holds it, transfer under Section 6(3).

Do not ask a PIO to register an FIR, investigate the accused, give a legal opinion or disclose material lawfully protected during an active investigation. RTI is a transparency tool, not a substitute for section 173(4) or a Magistrate. Draft carefully using The RTI Playbook or the RTI Assistant.

Avoid:

• changing dates or allegations between representations;
• relying only on an oral station visit;
• calling every non-cognizable offence an illegal refusal;
• posting evidence publicly before preserving originals;
• threatening officers instead of using the SP and court route;
• paying an agent who promises a guaranteed FIR;
• treating a cyber portal acknowledgement as an FIR number;
• using RTI as the first emergency response;
• citing a “15-day FIR deadline” that the BNSS does not enact;
• using section 173(3)'s fourteen-day preliminary enquiry as if it authorised an NC;
• filing RTI only on rtionline.gov.in for State police;
• skipping the SP and going straight to court without postal proof. The magistrate application under section 175(3) is built on the section 173(4) attempt.

An online complaint status that never moves is a different problem: see online police complaint status not updated. Fake PDFs that look like police notices are a separate scam: fake police notice PDF scam.

1. Photograph the NC slip and your written complaint.
2. Write the facts in five lines: what, who, when, where, harm.
3. Fill the SP representation above and print two copies plus a speed-post copy.
4. If the offence is online, file on cybercrime.gov.in as well and keep that acknowledgement separate from the FIR question.
5. Draft the RTI so it is ready if the NC copy is withheld.

No. An FIR is for information disclosing a cognizable offence. Non-cognizable information follows section 174, and some complaints may not disclose an offence at all.

Section 173 allows cognizable information to be given irrespective of the area where the offence occurred. Territorial transfer and investigation can follow under the applicable procedure. See Zero FIR under BNSS section 173.

Yes. Section 173 recognises electronic communication, subject to the statutory requirement that it be signed within three days.

No. BNSS section 173(3) describes a limited route for the specified punishment band, with prior senior-officer permission and a fourteen-day framework.

Obtain the record, check the offence classification, preserve evidence and, if cognizable facts are disclosed, use the written SP route under section 173(4).

Police may investigate a non-cognizable case with the Magistrate's order under section 174. Without that order, the ordinary power to investigate is restricted.

No. It can seek the entry, file movement, action-taken report and recorded reasons. Use the SP and Magistrate remedies for registration or investigation.

No. It proves a complaint was recorded in that channel. Check the police record for FIR registration and continue bank and police follow-up.

Cite section 173 for recording information of a cognizable offence, section 173(4) for the SP letter, section 175(3) for the Magistrate application, and section 174 only if the facts are truly non-cognizable. Do not guess other BNSS numbers.

• FIR vs NCR vs complaint
• When SHO refuses to register an FIR
• RTI for FIR not registered
• How to get an FIR copy
• Download FIR copy online
• Zero FIR under BNSS section 173
• Magistrate order under BNSS 175(3)
• CrPC 156(3) when police refused FIR
• Arrest, FIR and notice rights
• Police notice under BNSS section 35
• Cybercrime portal versus the police station
• File a cybercrime complaint
• 1930 helpline script
• Cybercrime complaint status
• File RTI online
• First appeal under RTI section 19
• RTI first-appeal guide
• Fake police notice PDF scam
• Online police complaint status not updated
• Second FIR on the same incident
• Citizen RTI playbook

• Ministry of Home Affairs: Bharatiya Nagarik Suraksha Sanhita, 2023 and New Criminal Laws
• Supreme Court judgment applying Lalita Kumari
• Supreme Court judgment on preliminary-inquiry closure reasons
• National Cyber Crime Reporting Portal

Return to RTI Wiki home.

Reviewed against official sources on 29 August 2026. Offence classification depends on the exact facts and current law; obtain local legal advice for a disputed case.