What is an FIR? How to File One and What Happens Next
- admin
- January 7, 2026
- India, law & rights
- 0 Comments
Key highlights
- An FIR is the starting entry that puts the criminal-investigation machinery in motion for cognizable offences—and you’re entitled to a free copy of what’s recorded. India Code
- Under BNSS (Bharatiya Nagarik Suraksha Sanhita), effective from 1 July 2024, information can be given orally or by electronic communication—with specific recording rules. Press Information Bureau+1
- If a police station refuses to record it, BNSS lays out an escalation path (written to SP; then an application to the Magistrate). India Code
FIR, in plain terms (no courtroom language)
An FIR (First Information Report) is the police station’s official record that they’ve received information about a cognizable offence (the category where police can generally act without waiting for a Magistrate’s order). It’s not a “guilty certificate.” It’s a trigger: once recorded, the system moves—diary entry, case number, investigation steps.
What changes under BNSS (and why it matters to you)
BNSS’s “Information in cognizable cases” provision is very practical:
- You can give information orally (it must be written down and read back to you; you sign it).
- Or you can send it by electronic communication (it must be taken on record once you sign within 3 days).
- You should receive a free copy of the recorded information “forthwith.” India Code
How to file an FIR (offline-first, with proof)
Step 1: Write it like a timeline
Keep it boring and factual:
- who, what, when, where
- what evidence exists (photos, call logs, screenshots, medical report)
- names/contacts of witnesses (if any)
Step 2: Go to the police station
Ask for:
- Diary/DD entry number (proof you approached them)
- a copy of the FIR once registered (BNSS says it’s free). India Code
Step 3: Keep a paper trail
Carry one extra copy of your complaint and get an acknowledgment stamp/signature if possible. If you can’t, note the date/time, desk, and officer name.
If police refuse to register: what to do next
BNSS explicitly provides an escalation route:
- Send the substance of your information in writing/by post to the Superintendent of Police (SP).
- If still not resolved, BNSS states the person may make an application to the Magistrate. India Code
This is why written proof matters: it turns “they didn’t listen” into a trackable record.
e-FIR: can you file online?
India doesn’t have one single national e-FIR method for every category. Many states allow online reporting for specific types (often theft/lost items, documents, sometimes vehicle-related complaints). A national SOP has addressed Zero FIR and e-FIR practices, but the actual facility is state-specific—use your state police’s official portal/appwhere available. BPRD
What happens after an FIR is filed?
Most people expect instant arrests. Real life is slower:
- police may take statements, call you for clarification, collect evidence
- in some offences, they may do a preliminary enquiry window as provided under BNSS for certain punishment bands India Code
- the case moves toward a report to court depending on facts, evidence, and legal category
Quick questions people actually search
Can police refuse to file an FIR?
It happens in practice. BNSS gives you escalation steps to SP and then Magistrate—use them with documentation. India Code
Do I have to go to the same police station where the crime happened?
BNSS says information may be given irrespective of the area where the offence is committed. India Code
