BNSS Section 173 (CrPC 154): the FIR, zero FIR and e-FIR
How information about a cognizable offence is given and recorded under the new Code, clause by clause — the three-day signature, the preliminary enquiry, and what happens when a station refuses.
Section 173 of the Bharatiya Nagarik Suraksha Sanhita governs the FIR, and replaced CrPC section 154 from 1 July 2024; the Government’s table marks it changed. Information about a cognizable offence may be given at any police station, whatever the area of the offence, orally or electronically — electronic information goes on record once signed within three days. For offences punishable with three to under seven years, a fourteen-day preliminary enquiry is allowed with a DSP’s permission. A refusal to record can go to the Superintendent of Police, then a Magistrate.
- What it does
- Governs how information about a cognizable offence — the FIR — is given, recorded and copied
- Was
- CrPC section 154
- Now
- BNSS section 173
- Government’s table
- Marked changed, at 173(1)(ii) and 173(3)
Read this first: information sent electronically is “taken on record” only “on being signed within three days by the person giving it”. Section 173 covers cognizable offences; non-cognizable information is section 174.
Carried over under a new number, but the Government’s own comparison table marks this provision as altered rather than merely renumbered. The procedure is not identical.
| CrPC 154 | becomes BNSS 173 | substantively-changed |
|---|
Key takeaways
- Information may be given at any station, “irrespective of the area” of the offence.
- Electronic information goes on record once signed within three days.
- A copy of the recorded information is free, and given forthwith, to the informant or victim.
- Offences of three to under seven years may go to a fourteen-day preliminary enquiry, with DSP permission.
- If a station refuses, the route is the Superintendent of Police by post, then a Magistrate.
Section 173 BNSS clause by clause, and what the Government flags as changed
The Government’s table marks section 173 changed and lists two clauses against the row. The rest is shown as the Act states it now.
| Clause | What it says | MHA table |
|---|---|---|
| 173(1) | Given at any station, “irrespective of the area”, orally or electronically | Not flagged |
| 173(1)(i) | Oral information written down, read over and signed | Not flagged |
| 173(1)(ii) | Electronic information taken on record once signed within three days | Flagged: change |
| 173(1), proviso 1 | Listed offences, woman informant: recorded by a woman officer | Not flagged |
| 173(1), proviso 2 | Listed offences, disabled person: recorded at their residence or a place of their choice, with an interpreter or special educator, on video | Not flagged |
| 173(2) | Free copy, forthwith, to informant or victim | Not flagged |
| 173(3) | Three to under seven years: fourteen-day preliminary enquiry, with DSP permission | Flagged: change |
| 173(4) | Refusal: by post to the SP, then application to a Magistrate | Not flagged |
“Not flagged” does not mean unchanged. The CrPC text could not be read from a primary source, so the old wording is not reproduced here.
An e-FIR must be signed within three days
Sending information electronically starts the process; the signature completes it. Until the person who gave it signs, the Act does not describe it as taken on record.
- Sent
Information given “by electronic communication” — phone, mobile, computer or other device (s. 2(1)(i))
- Within 3 days
Signed by the person who gave it
- On signature
“Taken on record” by the officer in charge; substance entered in the book the State’s rules prescribe
- Forthwith
Copy of the information as recorded, free, to the informant or victim (s. 173(2))
The section does not say what the three days run from, how the signature is to be given, or what becomes of information not signed in time.
The preliminary enquiry for offences punishable with three to seven years
Section 173(3) is a permission, not a duty: the officer “may” choose it, only with a senior officer’s prior permission, and only for one band of punishment. Its purpose is stated: to ascertain whether there is a prima facie case for proceeding.
- Under 3 yearsOutside s. 173(3)
- 3 years to under 7Preliminary enquiry possible
- 7 years or moreOutside s. 173(3)
Inside the band, with prior permission of an officer not below DSP and considering the nature and gravity of the offence, the officer in charge may: (i) conduct a preliminary enquiry to ascertain whether a prima facie case exists, within fourteen days; or (ii) proceed with investigation when a prima facie case exists.
BNSS s. 173(3), which operates “without prejudice to the provisions contained in section 175”.
How information from women and disabled persons is recorded
Two provisos change who records the information, and where, for a listed set of offences.
| Offences covered | BNS 64 to 71 (rape and related offences), 74 to 79 (assault on modesty, sexual harassment, disrobing, voyeurism, stalking, insult to modesty) and 124 (acid attack) |
|---|---|
| Woman giving information | Recorded by a woman police officer or any woman officer |
| Person against whom the offence is alleged is disabled | Recorded by a police officer at their residence or a convenient place of their choice, with an interpreter or special educator |
| Recording | Videographed |
| Next step | Statement recorded by a Magistrate under s. 183(6)(a) as soon as possible |
The first proviso applies where the woman against whom the offence is alleged gives the information; the videography and Magistrate’s statement belong to the second, on disabled persons.
If the police refuse to register an FIR: section 173(4)
The section gives a written route upward, then to a court. It applies to refusal to record information about a cognizable offence; information about a non-cognizable offence is entered and referred to a Magistrate under section 174 instead.
1. Officer in charge refuses to record s. 173(4)
The information referred to in s. 173(1)
2. Superintendent of Police s. 173(4)
Substance sent in writing and by post. If satisfied it discloses a cognizable offence, the SP investigates or directs a subordinate to
3. Magistrate ss. 173(4), 175(3)
“Failing which”, an application. A Magistrate empowered under s. 210 considers it, supported by affidavit, may make inquiry and take the police officer’s submission, and may order investigation
No time limit for the SP is written into s. 173(4).
Why the date the FIR is recorded matters later
For offences punishable with fine only, or with imprisonment of up to three years, a court cannot take cognizance after a period of limitation: six months, one year or three years depending on the punishment (BNSS s. 514(2)). The Explanation to section 514 fixes the starting point: “the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.”
Two other provisions key off the same record. Where the investigation concerns certain sexual offences under the BNS, section 193(2) requires it to be completed within two months “from the date on which the information was recorded by the officer in charge of the police station”. And once a case reaches court, section 230 requires the accused and the victim, if represented by an advocate, to be given a free copy of “the first information report recorded under section 173”.
More questions about this page
What is 154 CrPC in BNSS?▼
What is a zero FIR under BNSS section 173?▼
Can an FIR be filed online under BNSS?▼
Can police hold a preliminary enquiry instead of registering an FIR?▼
Is the FIR copy free under BNSS?▼
What if the Superintendent of Police does not act on a complaint about refusal?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Section 173 read in full, sub-sections (1) to (4) with both provisos to (1).
- The offences listed in the provisos to s. 173(1).
- CrPC 154 → BNSS 173, marked “(Change)” with 173(1)(ii) and 173(3) listed against the row.
What to do next
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- NALSA — National Legal Services Authority
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Last reviewed September 2026.