Section 154 CrPC: FIR Registration and Section 173 BNSS
Section 154 of the Code of Criminal Procedure, 1973 governed the registration of information relating to cognizable offences, commonly known as a First Information Report (FIR). Since 1 July 2024, the corresponding provision is Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This guide explains the present FIR procedure, the rights of informants, and the earlier CrPC provisions.
Meaning of a cognizable offence and FIR
A cognizable offence is an offence for which a police officer may arrest without a warrant in accordance with the First Schedule or another applicable law (Section 2(1)(g) BNSS). An FIR is the information recorded by the police under Section 173 BNSS regarding a cognizable offence; it is not itself proof of guilt.
Section 173 BNSS: information in cognizable cases
Section 173(1): reporting an offence
Information concerning a cognizable offence may be given orally or by electronic communication to the officer in charge of a police station, irrespective of the area where the offence occurred. This expressly supports registration of a Zero FIR. Oral information must be written down, read over and signed by the informant. Electronic information is taken on record upon the informant signing it within three days; the substance is entered in the prescribed register.
Special safeguards for women and persons with disabilities
For the offences specified in the provisos to Section 173(1) BNSS, information given by the woman against whom the offence is alleged must be recorded by a woman police officer or any woman officer. Where the person reporting a specified offence is temporarily or permanently mentally or physically disabled, recording must take place at the person's residence or another convenient place of choice, with an interpreter or special educator as appropriate. The recording must be videographed, and the police must arrange for a Judicial Magistrate to record the statement under Section 183(6)(a) BNSS as soon as possible.
Section 173(2): free copy of the FIR
A copy of the information recorded under Section 173(1) must be given immediately and free of cost to the informant or the victim.
Section 173(3): preliminary enquiry in specified cases
For a cognizable offence punishable with imprisonment of three years or more but less than seven years, the officer in charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police and considering the nature and gravity of the offence, conduct a preliminary enquiry within 14 days to ascertain whether a prima facie case exists, or proceed with investigation when a prima facie case exists. This is not a general permission to refuse every FIR.
Section 173(4): refusal to register information
If the officer in charge refuses to record the information, the aggrieved person may send the substance of the information in writing and by post to the Superintendent of Police. If satisfied that a cognizable offence is disclosed, the Superintendent may investigate personally or direct a subordinate officer to investigate. If this does not resolve the matter, an application may be made to the Magistrate under Section 175(3) BNSS, subject to its statutory requirements.
How to report a cognizable offence
- Provide the date, location, sequence of events, names of known persons and available evidence as accurately as possible.
- Report the matter at a police station even if the incident occurred outside its territorial limits, or use an available official electronic reporting facility.
- For electronic information, complete the signature requirement within three days.
- Request the free FIR copy and preserve its number and acknowledgement.
- In case of refusal, use the Superintendent of Police route under Section 173(4), followed where appropriate by an application to the Magistrate.
Section 154 CrPC: earlier legal position
Under Section 154(1) CrPC, oral information relating to a cognizable offence had to be reduced to writing, read over and signed, and its substance entered in the prescribed book. Section 154(2) required a free copy for the informant. Section 154(3) permitted escalation of refusal to the Superintendent of Police. The section also contained special recording protections for women reporting specified offences and persons with disabilities.
Unlike the express wording of Section 173 BNSS, the earlier Section 154 did not expressly refer to electronic communication and the three-day signature requirement. The historical text below also records state-specific amendments and should not be treated as the current nationwide BNSS wording.
Historical state amendments under Section 154 CrPC
Chhattisgarh: Chhattisgarh Act 25 of 2015, Section 7, extended the relevant first proviso to refer to IPC Sections 509A and 509B. Arunachal Pradesh: Arunachal Pradesh Act 3 of 2019, Section 13, amended specified IPC offence references in the first and second provisos, including references to Sections 376AA and 376DA. These are historical CrPC amendments; the application of state amendments and savings to an individual case requires examination of the relevant legislation.
Official legal sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 - government-hosted text
- Ministry of Home Affairs - New Criminal Laws
- Code of Criminal Procedure, 1973 - India Code official text
Frequently asked questions
Which provision replaced Section 154 CrPC?
Section 173 of the BNSS, 2023, is the corresponding provision from 1 July 2024.
Can a Zero FIR be registered?
Yes. Section 173(1) BNSS permits information to be given irrespective of the area where the offence occurred.
Is a copy of the FIR free?
Yes. Section 173(2) BNSS provides a free copy to the informant or victim.
What if the police refuse to register an FIR?
Send the substance of the complaint in writing and by post to the Superintendent of Police under Section 173(4) BNSS. A Magistrate application under Section 175(3) may also be available, subject to statutory conditions.
Read the original Section 154 CrPC text and historical state amendments
154 CRPC - Information in cognizable cases
Section 154 of Code of Criminal Procedure 1973 - Information in cognizable cases
(1) 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, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:
1[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that--
(a) in the event that the person against whom an offence under section 354,
section 354A, section 354B, section 354C, section 354D, section 376, section
376A, section 376B, section 376C, section 376D, section 376E or section 509 of
the Indian Penal Code (45 of 1860) is alleged to have been committed or
attempted, is temporarily or permanently mentally or physically disabled, then
such information shall be recorded by a police officer, at the residence of the
person seeking to report such offence or at a convenient place of such persons
choice, in the presence of an interpreter or a special educator, as the case may
be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]
(2) A copy of the information as recorded under sub-section (1)shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
STATE AMENDMENTS
Chhattisgarh
In first proviso to sub-section (1) of section 154 of the Code of Criminal
Procedure (here-in-after referred to as the Code) for the words and figure "or
section 509" the words, figures, letters and punctuations, "section 509, section
509A or section 509B" shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, sec. 7.]
Arunachal Pradesh
Amendment of section 154.--In the first proviso to sub-section (1) of
section 154 of the principal Act, for the words, figures and letters "section
326A, section 326B, section 354, section 354A, section 354B, section 354C,
section 354D, section 376, section 376A, section 376B, section 376C, section
376D, section 376E or section 509 of the Indian Penal Code the words, figures
and letters "section 326A, section 326B section 354, section 354A, section 354B,
section 354C, section 354D section 376, section 376A, section 376AA, section
376B, section 376C, section 376D, section 376DA, section 376E or section 509 of
the Indian Penal Code" shall be substituted.
In the sub-proviso (a) of the second proviso to sub-section (1) of section 154
of the principal Act, for the words, figures and letters "section 354, section
354A, section 354B, section 354C, section 354D, section 376, section 376A,
section 376B, section 376C, section 376D, section 376E or section 509 of the
Indian Penal Code" the words, figures and letters "section 354, section 354A,
section 354B, section 354C, section 354D, section 376, section 376A, section
376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or
section 509 of the Indian Penal Code" shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2019, s. 13]
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1. Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013).
Legal information updated 17 October 2026. This article is general information and does not replace case-specific legal advice.
