Indian criminal law distinguishes between the conduct that constitutes an offence and the procedure used to report, investigate and prosecute it. Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) have generally replaced the Indian Penal Code, 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC) for new offences and proceedings, subject to savings and transitional rules.
What is an offence? Types of criminal offences
An offence is an act or omission made punishable by law. Theft, causing hurt and cheating may constitute offences when the statutory ingredients are met. Criminal punishment is distinct from civil compensation, although compensation or restitution may be ordered in appropriate cases.
The BNS defines many general offences; special laws such as the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Negotiable Instruments Act, 1881 may prescribe their own offences and procedures.
Cognizable and non-cognizable offences
| Category | Meaning | Police powers and procedure |
|---|---|---|
| Cognizable offence | An offence for which police may arrest without warrant in accordance with the First Schedule of the BNSS or another applicable law. | Police may investigate without a Magistrate's prior order, subject to legal safeguards; information is recorded under BNSS section 173. |
| Non-cognizable offence | An offence for which police do not have authority to arrest without warrant solely by virtue of that classification. | BNSS section 174 generally requires an order of the Magistrate before police investigate; a police officer cannot arrest without warrant merely because investigation is authorised. |
Classification depends on the precise offence, its punishment and the First Schedule or a special statute. A cognizable classification does not make arrest automatic: statutory arrest conditions and safeguards still apply.
First Information Report (FIR) under section 173 BNSS
Section 173 BNSS concerns information relating to the commission of a cognizable offence. Information may be given orally or through electronic communication, regardless of the area where the offence occurred (commonly called a Zero FIR). Oral information is reduced to writing and read over to the informant. Electronically communicated information must be signed within the statutory period of three days for it to be taken on record in the prescribed manner.
A copy of the recorded information must be supplied free of cost to the informant or victim. In specified cases punishable with imprisonment of three years or more but less than seven years, section 173(3) permits a preliminary enquiry within fourteen days with prior permission of an officer not below the rank of Deputy Superintendent of Police, subject to the statutory conditions.
Emergency police assistance in India is generally available through 112. Emergency calls and daily diary entries are not necessarily substitutes for registration of an FIR where the law requires one.
Police investigation, police report and closure report
Section 175 BNSS addresses the power of police to investigate cognizable cases. Investigation may include examination of witnesses, collection of documents and other evidence, and legally authorised searches or forensic procedures.
Section 193 BNSS governs the police report on completion of investigation (often called a charge-sheet or challan). The report sets out the investigation results and is forwarded to the Magistrate in the prescribed manner. The expression police report has a specific statutory meaning and should not be confused with every communication made by police.
A closure report or final report commonly describes a police conclusion that evidence does not justify prosecution. The Magistrate is not necessarily bound by that conclusion and may consider the report, applicable objections and lawful further steps. The expression "final report" is also sometimes used more broadly for the completed investigation report.
Private complaint before a Magistrate
A complaint to a Magistrate is different from a police FIR. Section 210 BNSS governs the circumstances in which a Magistrate may take cognizance of an offence. Section 223 BNSS deals with examination of the complainant and witnesses on oath, subject to its statutory exceptions and procedural requirements, including the opportunity of hearing contemplated by its proviso.
A Magistrate may proceed with a complaint in accordance with the BNSS, including scrutiny, postponement of issue of process where applicable, and dismissal or issuance of process as warranted. Not every private complaint automatically becomes a criminal trial.
What if police refuse to register an FIR?
- Approach the officer in charge: provide accurate facts, dates, locations and available evidence; request a free copy of the FIR if registered.
- Contact the Superintendent of Police: under section 173(4) BNSS, a person aggrieved by refusal to record information may send its substance in writing and by post to the Superintendent of Police.
- Seek a Magistrate's order: an application under section 175(3) BNSS may be considered subject to its prescribed affidavit and other procedural safeguards.
- Consider a complaint case: a complaint before the competent Magistrate may be available under the applicable provisions of the BNSS.
For non-cognizable information, section 174 BNSS sets out the entry of information and referral to the Magistrate, with restrictions on investigation without the Magistrate's order. A matter containing at least one cognizable offence is treated according to the relevant statutory rule.
IPC and CrPC: earlier section references
| Earlier CrPC reference | Current BNSS subject |
|---|---|
| Section 154: information in cognizable cases | Section 173: information in cognizable cases |
| Section 155: non-cognizable cases | Section 174: non-cognizable cases |
| Section 156: investigation of cognizable cases | Section 175: investigation of cognizable cases |
| Section 173: police report on completion of investigation | Section 193: report of police officer on completion of investigation |
| Section 190: cognizance by Magistrate | Section 210: cognizance of offences by Magistrates |
| Section 200: examination of complainant | Section 223: examination of complainant |
This comparison identifies broadly corresponding subjects, not word-for-word equivalence. The new provisions may contain materially different conditions.
Official legislation and legal resources
Consult the current statutory text, amendments, rules and judicial interpretations through the following official government portals:
- India Code - central Acts including BNS, BNSS and BSA
- Ministry of Home Affairs - criminal law implementation and notifications
- Supreme Court of India - judgments and orders
- e-Committee, Supreme Court of India - eCourts services
- eCourts Services - case status and court orders
Related judgments and case-law archives
The following original LawDadi links are retained for research. Some archive titles use the former IPC or CrPC terminology and should be read in their historical context.
- Hindu Marriage Act Case laws
- Divorce Act Case Laws
- Domestic Violence Act Citations
- 125 CRPC Case Laws and Citations
- Section 498A IPC Case Laws
- CRPC - Code of Criminal Procedure
- CPC Important citations, case laws
- Indian Penal Code Case Laws
- Perjury Case laws and citations
- Maintenance case decision favouring husbands
Frequently asked questions
Is the IPC still applicable?
For offences committed on or after 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 generally applies. The IPC remains relevant to offences committed before that date, subject to applicable saving and transitional provisions.
Which provision governs registration of an FIR?
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs information in cognizable cases, including electronic communication subject to statutory requirements.
What can I do if police refuse to register an FIR?
Section 173(4) BNSS provides for approaching the Superintendent of Police; an application to the Magistrate for investigation may be made under section 175(3), subject to the applicable procedure.
Is every complaint an FIR?
No. An FIR relates to information about a cognizable offence recorded by police; a complaint to a Magistrate is a separate statutory process.
Legal information only. Statutory classification, limitation periods, procedural requirements and available remedies depend on the facts, commencement provisions and applicable special legislation.