Comprehensive FIR Master Guide 2025: BNSS vs. CrPC Transition Explained
Comprehensive FIR Master Guide 2025
This is the ultimate legal resource explaining the transition from CrPC (1973) to BNSS (2023). In India, the FIR is the "First Information" that triggers the state's criminal investigation. This guide covers the New Law first, followed by the Old Law comparison in every section.
1. Statutory Comparison Table
| Legal Subject | New Law (BNSS, 2023) | Old Law (CrPC, 1973) | Nature of Change |
|---|---|---|---|
| Registration | Section 173 Mandatory for all cognizable offences. | Section 154 The fundamental section for filing FIR. | Structure updated; police duty intensified. |
| e-FIR Reporting | Section 173(1) Statutory right for electronic reporting. | Informal Rules No specific section in CrPC for digital FIR. | Legally formalizes email/portal reports (3-day sign rule). |
| Preliminary Inquiry | Section 173(3) Mandated for 3-7 year jail terms. | Judicial Guidance Based only on Supreme Court directions. | Codified into law with a 14-day strict deadline. |
| Victim Progress | Section 173(2) Informant must be updated within 90 days. | No Provision Victims were rarely updated on investigation. | Transparency boost; mandatory updates for victims. |
| SP's Intervention | Section 173(4) Remedy when SHO refuses FIR. | Section 154(3) Remedy via post to the Superintendent. | Updated section reference for the same remedy. |
| Court Mandates | Section 175(3) Magistrate's power to order FIR. | Section 156(3) Power of Magistrate to direct investigation. | Modernized numbering; same judicial oversight. |
2. Deep Dive: Filing Procedures
A. The New Process (BNSS Section 173)
Every piece of information relating to a cognizable offence must be recorded by the officer-in-charge. BNSS emphasizes that information can be oral or electronic. In cases of sexual offences, a woman police officer must record the statement. The officer is now legally bound to send a copy to the Magistrate and the informant "forthwith".
B. The Old Process (CrPC Section 154)
Under CrPC, Section 154 required oral information to be reduced to writing and signed by the informant. While it also promised a free copy, it lacked the specific "digital" framework and the strict "90-day progress report" which often led to victims being left out of the loop during investigation.
3. Crucial Timelines & Rights
4. Who Can Lodge an FIR?
The law (both New and Old) recognizes that anyone can set the criminal law in motion. It is not limited to the victim.
- The Victim: Most common informant.
- Witnesses: Any person who saw the crime.
- Knowledgeable Person: Even if you didn't see it, if you have specific info (even hearsay), you can report it.
- Police Officer (Suo Motu): Can file their own report if they witness an offence.
- The Accused: Can file a 'Cross FIR', though confessions in it are generally inadmissible.
Excluded from FIR Category:
- Anonymous Phone Calls: Vague info without a caller's identity is usually treated as a 'General Diary' (GD) entry, not an FIR.
- Unsigned e-FIRs: Under BNSS, if you don't visit the station within 3 days to sign an electronic report, it isn't an FIR.
- Post-Investigation Statements: Any statement made after the police have already started the formal inquiry (recorded under Sec 180 BNSS / 161 CrPC).
5. Specialized FIR Types
Zero FIR
Definition: An FIR filed at a station regardless of where the crime occurred.
Process: The station assigns a '0' number and transfers it to the station with jurisdiction. While CrPC never explicitly used the words "Zero FIR", it was a judicial creation now fully supported by the administrative spirit of the BNSS.
Cross & Multiple FIRs
Cross FIR: Both sides in a fight file reports against each other.
Multiple FIRs: Generally prohibited for the same set of facts to prevent harassment. Both BNSS and CrPC follow the "Sameness Test".
6. Landmark Case Laws (The Foundation)
7. How to File: 4 Master Steps
8. Remedies: If Police Refuse to File
- SP Appeal: Send complaint via Registered Post to the Superintendent of Police (Sec 173(4) BNSS / 154(3) CrPC).
- Magistrate Application: Petition the Judicial Magistrate under Sec 175(3) BNSS (formerly 156(3) CrPC) to order an investigation.
- High Court Writ: File a 'Writ of Mandamus' under Article 226 for a court directive.
9. Evidentiary Value: BNSS vs BSA
Under the new BSA (replacing Evidence Act), an FIR is used for corroboration and contradiction. It simplifies the admission of electronic FIR records through modern certificate rules.
Similar to BSA, but getting electronic records (like emails) admitted was a harder process under Section 65B of the IEA. FIR has never been "substantive evidence" to prove guilt by itself.