How to Register an FIR with Police in India: Is an Oral Complaint Permitted?
A written complaint is not compulsory to report a cognizable offence. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), information may be given orally or by electronic communication. The police must follow the statutory requirements for recording and signing the information.
1. Applicable Law: Section 173 of the BNSS, 2023
The BNSS came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973 (CrPC), subject to applicable savings and transitional provisions. Section 173 BNSS governs information relating to cognizable offences; the earlier corresponding provision was Section 154 CrPC. A cognizable offence is one for which a police officer may arrest without a warrant in accordance with the First Schedule or another applicable law. Non-cognizable information is addressed separately under Section 174 BNSS.
Read the official BNSS text on India Code and the government-hosted BNSS PDF.
2. Can an FIR Be Registered on an Oral Complaint?
Yes. Section 173(1)(i) expressly permits oral information about a cognizable offence. The station house officer or an officer acting under the officer's direction must record the statement in writing, read it back to the informant and obtain a signature. A person may instead submit a written complaint to the Station House Officer (SHO) or duty officer. The police must assess whether the information discloses a cognizable offence; merely giving information does not make every police communication an FIR.
An eyewitness, victim or other person with relevant information may approach the police. The initial report need not contain every minute detail, all witness names or a complete account of the investigation. It should, however, disclose intelligible facts about the suspected offence. An unexplained, vague message merely asking police to attend a location may not itself amount to an FIR.
3. e-FIR, Electronic Complaints and Zero FIR
Electronic communication
Section 173(1)(ii) permits information through electronic communication. To be taken on record under that provision, the informant must sign it within three days. The exact portal, verification and signature arrangements may differ by State or Union Territory. The Ministry of Home Affairs clarified this requirement in its 11 August 2026 parliamentary response on e-FIR.
Zero FIR
Section 173(1) permits information to be given irrespective of the area where the offence was committed. A police station should not refuse information about a cognizable offence solely because the incident took place outside its territorial jurisdiction. Such an FIR is commonly called a Zero FIR and may subsequently be transferred to the appropriate police station.
Special safeguards
For specified offences against women listed in the proviso to Section 173(1), information must be recorded by a woman police officer or any woman officer. Additional safeguards apply to certain complainants with temporary or permanent mental or physical disabilities, including recording at a suitable place, assistance of an interpreter or special educator where required, videography and recording of a statement before a Magistrate under the relevant statutory provision.
4. How to Register an FIR: Practical Steps
- Approach a police station or use an officially supported electronic reporting channel.
- Provide your name, contact information and the circumstances of the incident.
- Explain the date, approximate time, location, persons involved, sequence of events and any known witnesses.
- Identify available evidence, such as messages, documents, photographs, CCTV footage or medical records. Do not invent details if something is unknown.
- If reporting orally, ensure the written record is read back and correct errors before signing.
- For electronic information, complete the required signature within three days.
- Ask for the free copy of the recorded information under Section 173(2) and preserve any acknowledgement or reference number.
Give the true account in your own words. A detailed narrative can help the police investigate, but the FIR is not expected to be an exhaustive statement of all evidence.
5. When May Police Conduct a Preliminary Inquiry?
Section 173(3) BNSS permits a preliminary inquiry for certain cognizable offences punishable with imprisonment of three years or more but less than seven years, subject to prior permission from an officer not below the rank of Deputy Superintendent of Police and consideration of the nature and gravity of the offence. Such inquiry, where undertaken under this provision, must be completed within 14 days to ascertain whether a prima facie case exists. Alternatively, police may proceed with investigation where a prima facie case exists.
The Supreme Court's Constitution Bench decision in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, explained the obligation to register an FIR when information discloses a cognizable offence under the former Section 154 CrPC. That judgment remains important, but it must now be read with the express provisions of Section 173 BNSS rather than treated as overriding them. See the judgment hosted by the Madhya Pradesh High Court.
6. What If the Police Refuse to Register an FIR?
Section 173(4) BNSS provides a remedy if the officer in charge refuses to record information about a cognizable offence. The aggrieved person may send the substance of the information in writing and by post to the Superintendent of Police concerned. If satisfied that it discloses a cognizable offence, the Superintendent may investigate or direct a subordinate officer to investigate. If this route fails, the person may apply to the Magistrate, following the applicable statutory requirements, including those under Section 175(3) BNSS.
For further guidance, read what to do when police do not register an FIR and complaints concerning police conduct.
7. Is Delay in Registering an FIR a Ground for Acquittal?
No automatic rule makes a delayed FIR invalid or requires an acquittal. Prompt reporting can preserve evidence and reduce the possibility of later embellishment, but a delay may be understandable because of medical treatment, fear, threats, family circumstances, grief, distance, or other practical obstacles. Courts assess the explanation for the delay, the surrounding circumstances and the credibility of the prosecution evidence.
An unexplained or suspicious delay can be relevant to evaluating the reliability of allegations; it is not, by itself, conclusive proof that the complaint is false. If a complainant cannot attend immediately, relevant information may be conveyed by another person. In theft and insurance matters, reporting requirements may also affect contractual claims, but delay must be evaluated under the applicable policy and law.
Supreme Court judgment on delayed FIR in dowry-death cases
In Satish Shetty v. State of Karnataka (2016), the Supreme Court considered the impact of delayed reporting in a case involving the death of a married woman and allegations of dowry-related cruelty. The Court emphasised that delay is not fatal in every case and that courts must consider the mental condition and circumstances of the victim's close relatives. This reasoning rejects any blanket proposition that delayed registration alone necessarily results in acquittal.
The former IPC provisions referred to in older judgments, including Sections 498A and 304B, remain relevant to cases governed by the earlier law. For newer offences, the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 and transitional rules must be considered.
8. Important Case Laws and Related Legal Guides
The following internal resources contain further decisions and legal background. Older case-law pages may use IPC or CrPC numbering because they concern proceedings under the former statutes.
- Indian Penal Code judgments and citations
- CrPC judgments and citations
- Section 498A IPC case laws
- Domestic Violence Act citations
- Hindu Marriage Act case laws
- Divorce Act case laws
- Maintenance decisions under former Section 125 CrPC
- CPC judgments and citations
- Perjury judgments and citations
- Maintenance decisions rejecting claims
9. Frequently Asked Questions
Is a written police complaint compulsory?
No. Oral information concerning a cognizable offence is permitted under Section 173(1)(i) BNSS, subject to recording, reading over and signature requirements.
Can I report an offence outside the local police station's jurisdiction?
Yes. Section 173(1) permits reporting irrespective of where the cognizable offence occurred.
Is every phone call to the police an FIR?
No. Whether a communication constitutes an FIR depends on its substance and the purpose for which it was given. A vague request for immediate assistance may not be the first information report of an offence.
Is an FIR copy free?
Yes. Section 173(2) requires a free copy of the recorded information to be given forthwith to the informant or victim.
Does late reporting mean the accused must be acquitted?
No. The court considers the reasons for delay and the evidence as a whole.