| Particular | Details |
|---|---|
| Section | BNSS Section 173 |
| Subject | Information in Cognizable Cases (FIR Registration) |
| Old Law | CrPC Section 154 |
| Popularly Known As | Zero FIR Provision |
| FIR Registration | Can be registered irrespective of territorial jurisdiction |
| Electronic Complaint | Permitted under BNSS |
| Authority | Officer-in-Charge of Police Station |
| Category | Bail / Criminal Procedure |
Introduction
BNSS Section 173 is one of the most important procedural provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023. It governs the registration of First Information Reports (FIRs) in cognizable offences and incorporates the concept of Zero FIR, allowing a complaint to be lodged at any police station irrespective of where the offence occurred.
The provision aims to ensure prompt reporting of crimes and prevent delays caused by jurisdictional disputes. It also recognizes electronic communication for reporting offences and provides safeguards for women and persons with disabilities.
What is BNSS Section 173?
BNSS Section 173 lays down the procedure for recording information relating to the commission of a cognizable offence.
A significant feature of the section is that information relating to a cognizable offence may be given to any police station, irrespective of the area where the offence was committed. This is commonly referred to as a Zero FIR.
The section also prescribes procedures for oral complaints, electronic complaints, special protection for victims of certain offences against women, and remedies when police refuse to register an FIR.
Bare Act Provision
Section 173 provides that every information relating to the commission of a cognizable offence may be given orally or through electronic communication to the officer in charge of a police station, irrespective of the area where the offence occurred.
The information must be recorded in the prescribed manner and a copy of the FIR must be supplied free of cost to the informant or victim.
Meaning of Zero FIR
A Zero FIR is an FIR registered by a police station even though the offence may have occurred outside its territorial jurisdiction.
After registration, the FIR can be transferred to the police station having jurisdiction over the place where the offence actually occurred.
The objective is to ensure that victims are not denied immediate access to the criminal justice system merely because of jurisdictional issues.
Key Features of BNSS Section 173
1. FIR Can Be Registered Anywhere
Information regarding a cognizable offence may be reported at any police station regardless of where the offence took place.
2. Electronic FIRs Permitted
Information may be given through electronic communication. Such information must be signed by the informant within three days.
3. Free Copy of FIR
A copy of the FIR must be provided free of cost to the informant or victim immediately after registration.
4. Special Protection for Women
Where offences specified against women are reported, the information must be recorded by a woman police officer or any woman officer.
5. Protection for Persons with Disabilities
If the victim is mentally or physically disabled, the statement may be recorded at the victim's residence or another convenient location in the presence of an interpreter or special educator, and the process must be videographed.
Preliminary Enquiry Under BNSS Section 173
For cognizable offences punishable with imprisonment of three years or more but less than seven years, the officer in charge of the police station may, with prior approval of an officer not below the rank of Deputy Superintendent of Police:
- Conduct a preliminary enquiry to determine whether a prima facie case exists; or
- Directly proceed with investigation if a prima facie case is disclosed.
Such preliminary enquiry must ordinarily be completed within fourteen days.
What If Police Refuse to Register an FIR?
If the officer in charge of a police station refuses to record information relating to a cognizable offence, the aggrieved person may send the information in writing to the Superintendent of Police.
If satisfied that a cognizable offence is disclosed, the Superintendent of Police may investigate the matter personally or direct a subordinate police officer to investigate.
If relief is still not obtained, the person may approach the Magistrate as provided under law.
Step-by-Step FIR Registration Process
- Information regarding a cognizable offence is given to the police.
- Police record the information in writing or electronic form.
- The informant verifies and signs the statement.
- FIR is formally registered.
- A free copy of the FIR is provided to the informant.
- Investigation is commenced.
- Evidence and witness statements are collected.
- Charge sheet or final report is submitted before the competent court.
BNSS Section 173 vs Old CrPC Section 154
| Aspect | CrPC Section 154 | BNSS Section 173 |
|---|---|---|
| FIR Registration | Available | Available |
| Zero FIR Recognition | Judicially recognised | Expressly facilitated |
| Electronic Communication | Limited recognition | Specifically recognised |
| Protection for Women | Available | Continued and strengthened |
| Protection for Disabled Victims | Available | Continued with videography requirement |
Importance of BNSS Section 173
BNSS Section 173 strengthens access to justice by ensuring that police cannot refuse to register a cognizable offence merely because it occurred outside their jurisdiction.
The provision also modernises criminal procedure through electronic reporting and improves victim protection by providing special safeguards for women and persons with disabilities.
Conclusion
BNSS Section 173 is a crucial procedural safeguard that ensures immediate registration of information relating to cognizable offences. By enabling Zero FIR registration, recognizing electronic complaints, and providing remedies against police inaction, the provision seeks to make the criminal justice system more accessible and victim-friendly. It plays a key role in ensuring that complaints are promptly recorded and investigated without unnecessary procedural barriers.