Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is the new backbone of FIR procedure, replacing Section 154 CrPC. It marks a major shift toward a faster, transparent, and victim-centric system.

From recognising Zero FIR, enabling electronic reporting, and mandating videography for vulnerable victims, to introducing Preliminary Enquiry for mid-range offences, this provision reshapes how citizens first interact with the police and adds an important check on investigative powers.

BNSS Section 173: FIR – Simplified Summary

This section outlines how police must record a First Information Report (FIR) for any serious (cognizable) crime.

1. How to File & Where (Sub-section 1)

MethodPolice ActionKey Rule
Oral ReportMust be written down, read to you, and signed by you.Signature is mandatory.
Electronic ReportTaken on record immediately.You must sign the hard copy within 3 days.
LocationThe police must record the FIR even if the crime happened outside their area (Zero FIR).No refusal based on jurisdiction.
Record KeepingThe police must enter the substance of the report into their official book.

2. Special Rules for Vulnerable Victims (Provisos)

These rules apply when reporting specific serious crimes against women (BNS Sec 64-79, 124).

  • Woman Victim: The report must be recorded by a woman police officer or another woman officer.
  • Disabled Victim (Mental/Physical):
    • The recording must happen at their residence or a place of their choice.
    • An interpreter or special educator must be present.
    • The entire recording must be videographed.
    • The police must get the victim’s statement recorded by a Magistrate as soon as possible.

3. Your Rights After Filing (Sub-section 2)

  • You must be given a free copy of the FIR immediately (forthwith).

4. New Preliminary Enquiry Rule (Sub-section 3)

For crimes that are punishable with 3 years or more but less than 7 years:

  • The police officer has the option to conduct a Preliminary Enquiry (PE) first to see if a prima facie case exists.
  • This PE must be:
    • Approved in advance by an officer of the rank of Deputy Superintendent of Police (DSP) or higher.
    • Completed within 14 days.
  • If a case exists, they proceed with a full investigation. If not, they inform the complainant and close the PE.

5. What to Do If the Police Refuse (Sub-section 4)

If the officer in charge refuses to record your FIR:

  1. Send the substance of your complaint, in writing and by post, to the Superintendent of Police (SP).
  2. If the SP is satisfied, they must order an investigation.
  3. If the SP also fails to act, you may make an application to the Magistrate.

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