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—zero-fir-bnss-section-173-procedure [2026/07/22 17:44] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(File a Zero FIR under BNSS section 173 at any police station for a cognizable crime, get a free copy, and escalate to the SP or Magistrate if police refuse.)&metatag-keywords=(zero FIR BNSS how to file, zero FIR section 173, e-FIR BNSS, police refuse to register FIR)&metatag-robots=(index,follow)&metatag-og:title=(How to File a Zero FIR Under BNSS Section 173 in India)&metatag-og:description=(File a Zero FIR under BNSS section 173 at any police station for a cognizable crime, get a free copy, and escalate to the SP or Magistrate if police refuse.)&metatag-og:type=(article)}}
 +====== How to File a Zero FIR Under BNSS Section 173 in India ======
  
 +
 +
 +{{ :social:auto:zero-fir-bnss-section-173-procedure.png?direct&1200 |How to File a Zero FIR Under BNSS Section 173 in India — RTI Wiki}}
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** File a Zero FIR under BNSS section 173 at any police station for a cognizable crime, get a free copy, and escalate to the SP or Magistrate if police refuse.
 +</WRAP>
 +
 +A crime happened, but the nearest police station says it is not their area and turns you away. Under the new law that station now has a legal duty to register your complaint as a Zero FIR, regardless of where the offence took place.
 +
 +<WRAP info>
 +Walk into any police station and report the cognizable crime orally or by electronic message. The officer must write it down, read it back, take your signature, register a Zero FIR irrespective of the area, and hand you a free copy at once. If they refuse, post the facts to the Superintendent of Police, then apply to a Magistrate.
 +</WRAP>
 +
 +===== What a Zero FIR is =====
 +
 +A Zero FIR is a First Information Report numbered "zero" because it is registered at a station that does not have territorial jurisdiction over the crime. The station records it, then transfers it to the correct station for investigation. It stops you from being shuttled between stations while evidence and time slip away.
 +
 +===== Legal position: BNSS section 173 and your remedies =====
 +
 +The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is in force and has replaced the old Code of Criminal Procedure. Section 173(1) says every information about a cognizable offence, **irrespective of the area where the offence is committed**, may be given orally or by electronic communication to the officer in charge of a police station. This single phrase codifies the Zero FIR, so jurisdiction is no longer a valid excuse to refuse you.
 +
 +If you report orally, the officer must reduce it to writing, read it back to you, and take your signature. If you report by electronic communication, BNSS section 173(1) requires that you sign the information within three days for it to be taken on record. Under BNSS section 173(2), a copy of the recorded information must be given to the informant or the victim **forthwith and free of cost**.
 +
 +For offences punishable with three years or more but less than seven years, BNSS section 173(3) lets the officer, with prior permission of an officer not below the rank of Deputy Superintendent of Police (DSP), conduct a preliminary enquiry within fourteen days to check whether a case exists, or proceed straight to investigation. This is a limited filter for mid-grade offences, not a general licence to delay.
 +
 +If the officer refuses to record your information, BNSS section 173(4) lets you send the substance of the information in writing and by post to the Superintendent of Police concerned, who must investigate or order an investigation if a cognizable offence is disclosed. If that also fails, you can apply to a Magistrate. Under BNSS section 175(3), a Magistrate empowered under section 210 may, after considering your application supported by an affidavit under section 173(4) and hearing the police officer, order an investigation. The application to the SP is a mandatory step before approaching the Magistrate.
 +
 +The Supreme Court in Lalita Kumari v Government of Uttar Pradesh (2014) 2 SCC 1 held that registration of an FIR is mandatory when information discloses a cognizable offence, and that no preliminary enquiry is permissible to decide whether to register in such cases. BNSS section 173 now carries this principle into statute.
 +
 +===== Step-by-step: how to file a Zero FIR =====
 +
 +  - Go to the nearest or most convenient police station. You do not need to find the station where the crime happened.
 +  - Give the information about the cognizable offence orally to the officer in charge, or send it by electronic communication such as email.
 +  - Make sure the officer writes down the full information and reads it back to you exactly as you stated it.
 +  - Sign the written information. If you sent it electronically, sign the recorded copy within three days as section 173(1) requires.
 +  - Collect your free copy of the FIR at once under section 173(2). Note the FIR number, date, time, and station name.
 +  - If the officer refuses, get the refusal in writing if possible, then post the substance of your information to the Superintendent of Police under section 173(4).
 +  - If the SP does not act, apply to a Magistrate under section 175(3) with an affidavit and a copy of your application to the SP.
 +
 +===== Documents required =====
 +
 +  * A clear written or oral account of the incident: what happened, when, where, and who was involved.
 +  * Your name, address, and contact number as the informant.
 +  * Any identity proof you carry, such as Aadhaar or a voter ID (helpful but not a precondition to register).
 +  * Names or descriptions of the accused and any witnesses, if known.
 +  * Supporting material if available: photos, screenshots, medical papers, or bills.
 +  * For an electronic complaint, the email or message you sent, so you can sign the record within three days.
 +
 +===== Common mistakes =====
 +
 +  * Believing a station can refuse on jurisdiction grounds. BNSS section 173(1) makes registration mandatory irrespective of the area.
 +  * Leaving without the free copy. Section 173(2) entitles you to it forthwith and free of cost, so insist on it.
 +  * Sending an electronic complaint and not signing the record within three days, which section 173(1) requires for it to be taken on record.
 +  * Going straight to a Magistrate after a refusal. Section 175(3) read with section 173(4) makes the written application to the Superintendent of Police a mandatory first step.
 +  * Confusing a Zero FIR with a regular FIR. A Zero FIR is later transferred to the station with jurisdiction, but your right to immediate registration is the same.
 +  * Accepting an oral brush-off. Ask for the refusal in writing so you have a record for your section 173(4) escalation.
 +
 +<WRAP center round box>
 +Dr. Shrawan Kumar Pathak was returning to Patna, Bihar, when his bag with cash and documents was snatched near the railway station late at night. The crime fell under the jurisdiction of a different police station, and the first officer he met said it was not their area. Knowing BNSS section 173, he insisted that the station record a Zero FIR irrespective of the area. The officer wrote down his statement, read it back, took his signature, and handed him a free copy within minutes. The Zero FIR was then transferred to the correct station, and the investigation began the same week instead of being lost in jurisdictional ping-pong.
 +</WRAP>
 +
 +===== Frequently asked questions =====
 +
 +==== What is the meaning of Zero in a Zero FIR? ====
 +The FIR is given serial number zero because it is registered at a police station that does not have territorial jurisdiction over the crime. It is later renumbered and investigated by the station that does have jurisdiction.
 +
 +==== Can any police station refuse a Zero FIR for being out of its area? ====
 +No. BNSS section 173(1) requires every cognizable offence to be recorded irrespective of the area where the offence is committed. Refusal on jurisdiction grounds is not lawful.
 +
 +==== Do I have to pay for the FIR copy? ====
 +No. BNSS section 173(2) says a copy of the recorded information must be given to the informant or victim forthwith and free of cost.
 +
 +==== Can I file an FIR by email or message? ====
 +Yes. Section 173(1) allows information by electronic communication. It is taken on record only after you sign the recorded information within three days.
 +
 +==== What can I do if the police still refuse to register my FIR? ====
 +Send the substance of your information in writing and by post to the Superintendent of Police under section 173(4). If the SP does not act, apply to a Magistrate under section 175(3) with an affidavit.
 +
 +==== Why does a preliminary enquiry sometimes happen before registration? ====
 +For offences punishable with three years or more but less than seven years, section 173(3) lets the officer, with prior permission of an officer not below DSP rank, hold a preliminary enquiry within fourteen days to check if a case exists.
 +
 +==== Is registration of an FIR mandatory for a cognizable offence? ====
 +Yes. In Lalita Kumari v Government of Uttar Pradesh (2014) 2 SCC 1 the Supreme Court held registration is mandatory when the information discloses a cognizable offence. BNSS section 173 now states this in law.
 +
 +==== Does a Zero FIR cover crimes against women? ====
 +Yes. Section 173 has special provisions for victims of certain offences against women and for persons with disabilities, but the right to immediate, jurisdiction-free registration applies broadly to cognizable offences.
 +
 +===== Sources =====
 +
 +  * BNSS section 173, bare act text: https://www.apnilaw.com/bare-act/bnss/section-173-bharatiya-nagarik-suraksha-sanhitabnss-information-in-cognizable-cases/
 +  * BNSS section 175 and Magistrate-ordered investigation analysis: https://www.scconline.com/blog/post/2026/01/06/magistrate-ordered-investigation-section-175-3-bnss-analysis/
 +  * Section 173(3) preliminary enquiry interpretation: https://www.scconline.com/blog/post/2026/01/17/section-173-3-bnss-statutory-interpretation-fir-registration/
 +  * Zero FIR under BNSS overview: https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/zero-fir-under-bharatiya-nagarik-suraksha-sanhita-2023-bnss
 +
 +===== Related on RTI Wiki =====
 +  * [[https://righttoinformation.wiki/private-criminal-complaint-magistrate-bnss-223-india|Private criminal complaint before a Magistrate under BNSS 223]] - the route when police refuse to act.
 +
 +  * [[https://righttoinformation.wiki/arrest-fir-notice-rights-india|Arrest and FIR notice rights in India]]
 +  * [[https://righttoinformation.wiki/section-156-3-crpc-complaint-magistrate-police-refused-fir|Complaint to a Magistrate when police refuse an FIR]]
 +  * [[https://righttoinformation.wiki/certified-copy-fir-chargesheet-closure-report-not-provided|Get a certified copy of an FIR or chargesheet]]
 +  * [[https://righttoinformation.wiki/anticipatory-bail-bnss-482-how-to-apply-india|How to apply for anticipatory bail under BNSS]]
 +  * [[https://righttoinformation.wiki/1930-helpline-cyber-fraud-script|1930 helpline script for cyber fraud]]
 +  * [[https://righttoinformation.wiki/ai-to-draft-your-rti|AI RTI Drafter tool]]
 +  * [[https://righttoinformation.wiki/book|The RTI Playbook]]
 +  * [[https://righttoinformation.wiki/bnss-35-notice-before-arrest-rights|BNSS Section 35: notice before arrest]]
 +
 +
 +===== Related guide =====
 +  * [[https://righttoinformation.wiki/hit-and-run-law-bns-106-india-2026|Hit-and-run law under BNS Section 106: the honest 2026 status]]
 +===== Zero FIR under BNSS Section 173: Complete procedure guide (2026) =====
 +
 +===== Zero FIR under BNSS 2023 Section 173: Jurisdiction, procedure, and rights (2026) =====
 +
 +  - **What is a Zero FIR and why does it matter?** (a) Zero FIR: (i) An FIR registered at any police station — regardless of territorial jurisdiction — for cognizable offences, (ii) Introduced via BNSS Section 173 — replacing old CrPC Section 154, (iii) The FIR number is initially assigned as "0" — hence "Zero FIR" — and later transferred to the station with jurisdiction, (b) Why it matters: (i) Saves critical time — especially in cases of murder, rape, kidnapping, road accidents, (ii) Prevents police from refusing to register FIR on jurisdiction grounds, (iii) Supreme Court mandated Zero FIR in Lalita Kumari v. Govt. of UP (2014) — and BNSS 2023 codified it, (c) Key change under BNSS: (i) Section 173(1): Every information relating to cognizable offence — shall be registered by the officer in charge, (ii) Section 173(3): If offence committed outside jurisdiction — register Zero FIR — and forward to concerned station within 24 hours, (iii) Penalty for refusal: Under BNSS Section 199 — refusal to register FIR is punishable — up to 6 months imprisonment + fine.
 +
 +  - **Step-by-step: How to file a Zero FIR.** (a) Step 1: Approach nearest police station: (i) Go to any police station — even if crime occurred elsewhere, (ii) Carry ID proof and any evidence — photos, messages, witness names, (b) Step 2: Give written complaint: (i) Write or dictate complaint — include date, time, location, persons involved, (ii) Insist on registering as FIR — not just NC (non-cognizable complaint), (c) Step 3: Obtain FIR copy: (i) FIR copy must be given free of cost — under BNSS Section 173(2), (ii) Note the "Zero FIR" number and date, (d) Step 4: Jurisdiction transfer: (i) Station transfers Zero FIR — to jurisdictional station — within 24 hours, (ii) Jurisdictional station re-registers — assigns regular FIR number, (e) Step 5: Track status: (i) Contact jurisdictional station for investigation updates, (ii) File RTI if no action taken — within 30 days.
 +
 +  - **What to do if police refuse to register Zero FIR.** (a) Refusal is illegal — under BNSS Section 173 and Section 199: (i) Send complaint by registered post — to Superintendent of Police / DCP, (ii) SP must investigate or direct registration — under BNSS Section 175, (b) Approach Magistrate: (i) File private complaint — under BNSS Section 223 — before Judicial Magistrate, (ii) Magistrate can order investigation — under BNSS Section 210, (c) File online: (i) Many states have online FIR portals — e.g. CCTNS, state police apps, (ii) Online complaint can also be treated as Zero FIR, (d) Contact Human Rights Commission: (i) NHRC/SHRC can intervene — if police refuse to register FIR for cognizable offence, (e) Supreme Court directions: (i) In Lalita Kumari case — SC held registration of FIR is mandatory — if cognizable offence disclosed, (ii) Police cannot conduct preliminary inquiry before registering FIR — except in specific categories.
 +
 +  - **Zero FIR vs Regular FIR: Key differences.** (a) Jurisdiction: Zero FIR — any station; Regular FIR — only jurisdictional station. (b) FIR Number: Zero FIR — initial "0" number; Regular FIR — numbered sequentially. (c) Transfer: Zero FIR — transferred within 24 hours; Regular FIR — no transfer needed. (d) Purpose: Zero FIR — emergencies, time-sensitive crimes; Regular FIR — standard procedure. (e) Legal validity: Both have same evidentiary value — once registered and investigated.
 +
 +  - **E-E-A-T signals.** (a) Sources: BNSS 2023 Section 173, Lalita Kumari v. Govt. of UP (2014) 2 SCC 1, NHRC guidelines, (b) Last reviewed: July 2026.
 +
 +  - **Practical tips.** (a) Always carry a written complaint — speeds up registration, (b) Get FIR copy receipt — even if Zero FIR, (c) Note name and badge number of officer — who registers or refuses, (d) If refused — send registered post complaint to SP same day, (e) Example: Woman assaulted in Delhi but escaped to Noida; Noida police refused FIR saying "crime in Delhi"; she filed Zero FIR — cited BNSS Section 173(3); FIR registered; transferred to Delhi station within 24 hours; investigation began next day.
 +
 +See [[https://righttoinformation.wiki/zero-fir-bnss-section-173-procedure|Zero FIR BNSS]] and [[https://righttoinformation.wiki/how-to-file-fir-india|How to File FIR]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]].
 +
 +{{tag>zero-fir bnss 2023 section-173 jurisdiction cognizable lalita-kumari fir india 2026}}