Registration of FIR (Section 154 BNSS)

The First Information Report (FIR) is the cornerstone of the criminal justice system, marking the formal commencement of a police investigation into a cognizable offence. Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) details the procedure for its registration.

Information relating to the commission of a cognizable offence

The FIR can only be registered for a cognizable offence. A cognizable offence is defined in Section 2(1)(g) of BNSS as an offence for which a police officer may arrest without a warrant.

• Initiation: Section 154(1) of BNSS states that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction.

• Duty to Register: The police have a statutory duty to register an FIR as soon as information disclosing a cognizable offence is received. They cannot refuse to register an FIR or conduct a preliminary inquiry before registering it, except in specific circumstances outlined in Section 155(4) for allegations against public servants.

• Electronic FIR: The BNSS explicitly allows for the filing of an FIR electronically, making the process more accessible.

Procedure for reduction into writing

The process ensures that oral information is accurately captured:

• Oral Information: If information is given orally, the officer in charge of the police station must reduce it to writing.

• Signing: The written report must be signed by the person giving the information.

• Record Keeping: The substance of the FIR must be entered into a prescribed station house diary or register.

• Copy to Informant: The informant is entitled to receive a free copy of the FIR.

This procedure ensures transparency and prevents manipulation of the initial complaint.

Delay in Registration of FIR

The prompt registration of an FIR is crucial for the timely commencement of investigation. Delay in lodging an FIR can sometimes cast a shadow on the prosecution's case.

Effect of delay and judicial pronouncements

• Legal Position: While a delay in lodging an FIR does not automatically render the prosecution case weak or unreliable, the courts meticulously examine the reasons for such delay.

• Judicial Scrutiny: The Supreme Court and various High Courts have consistently held that the FIR is not an encyclopaedia of the prosecution's case. However, unexplained or unreasonable delays in lodging an FIR can be a ground for suspicion, especially if the delay is attributed to the police fabricating a case or the informant deliberately withholding information.

• Reasonable Explanation: If there is a satisfactory explanation for the delay (e.g., the informant was injured, trying to gather more evidence, fearing reprisal, or had to travel a long distance), the delay may be condoned.

• Corroboration: The reliability of the FIR and the prosecution's case may be assessed based on other evidence, even if there is some delay in lodging the FIR.

• BNSS's Emphasis: The BNSS, by emphasizing speedy justice and technological aids like electronic FIRs, aims to minimize delays in the initial stages of reporting and registration.

Zero FIR

The concept of "Zero FIR" is a significant procedural innovation aimed at ensuring that no information about a cognizable offence goes unrecorded, regardless of the jurisdiction where it is reported.

• Definition: A Zero FIR means that an FIR can be registered at any police station, irrespective of whether the crime was committed within that station's jurisdiction or not. Once registered, the FIR is then transferred to the appropriate police station having jurisdiction over the place where the crime occurred.

• Purpose: This procedure is designed to prevent delays in registering cases, especially in crimes like rape or sexual assault, where the victim might be in distress and may not know the correct jurisdiction or may be far from the place where the offence was committed.

• Legal Basis: While not explicitly codified as "Zero FIR" in the BNSS, the principles are inherent in the duty to register FIRs for cognizable offences and the general intent to ensure timely action. Supreme Court judgments have also emphasized this practice.

• BNSS Context: The BNSS's push for electronic FIRs and speedy investigation further supports the concept of a Zero FIR, as it can facilitate quicker transfer and action across jurisdictions.

Dissuasion from FIR

The practice of police officers dissuading or discouraging informants from lodging an FIR for a cognizable offence is illegal and a violation of their statutory duty.

• Illegal Practice: Police officers are legally bound to register an FIR upon receiving information about a cognizable offence. Dissuading an informant is a dereliction of duty and can lead to disciplinary action against the officer.

• Remedies for Informant: If an FIR is not registered or the informant is dissuaded, the informant has several remedies:

  • They can approach the senior police officers (Superintendent of Police, Commissioner of Police).

  • They can file a written complaint directly with the Magistrate. If the Magistrate is satisfied, they can order the police to register an FIR and investigate (Section 156(3) BNSS).

  • They can file a writ of mandamus with the High Court seeking directions for registration of the FIR.

• BNSS Emphasis: The BNSS aims to curb such malpractices by emphasizing the mandatory registration of FIRs and providing clear procedures for electronic filing and judicial oversight.

When Preliminary Inquiry is Not Required

The general rule under the BNSS, as it was under the CrPC, is that a preliminary inquiry is not required before registering an FIR for a cognizable offence. The police are mandated to register an FIR immediately upon receiving information about such an offence.

Cases where no preliminary inquiry is needed

• Cognizable Offences: For all cognizable offences, the police must register an FIR directly without conducting any preliminary inquiry to verify the information. The duty to register the FIR is statutory and immediate.

• Exceptions: The only statutory exception for conducting a preliminary inquiry before registering an FIR is provided in Section 155(4) BNSS.

Procedure for Preliminary Inquiry

While a preliminary inquiry is generally not required for cognizable offences, the BNSS carves out a specific exception for allegations against certain public servants.

When preliminary inquiry is required

• Section 155(4) BNSS: This section states that if a complaint is made against any person, being a public servant, not removable from his office save by or under any law, empowering the authority to direct the inquiry into the complaint, which would be in the opinion of the Magistrate, unnecessary to conduct preliminary inquiry, the Magistrate shall not direct the police station to record the First Information Report.

• Specific Scope: This provision applies specifically to allegations of criminal misconduct against public servants who are protected from removal from office except through established legal procedures. It does not apply to allegations against ordinary citizens or public servants not covered by this protection.

• Purpose: The intent behind this exception is to prevent the registration of FIRs on frivolous or malicious complaints against public servants that might be intended to harass them, thereby safeguarding public servants from unnecessary scrutiny and ensuring that investigations are based on credible initial information.

• Requirement for Magistrate's Opinion: The decision not to register an FIR and instead to conduct a preliminary inquiry rests with the Magistrate, who forms an opinion that such an inquiry is necessary.

• Officer Conducting Inquiry: If a preliminary inquiry is deemed necessary under this provision, it must be conducted by a police officer not below the rank of Deputy Superintendent of Police.

It is important to reiterate that this exception is narrow and does not override the general obligation of the police to register an FIR for cognizable offences when the information is received against ordinary citizens.