e-FIR & Zero FIR Under BNSS 2023: The Complete Guide to Filing, Tracking & Escalating

Learn everything about Zero FIR and e-FIR under the Bharatiya Nagarik Suraksha Sanhita, 2023. Understand Section 173 BNSS,
police duties, filing process, refusal remedies, timelines, landmark judgments and citizen rights in this complete 2026 guide.
Introduction

A theft happens on a highway that crosses two police jurisdictions. A woman is assaulted while travelling and reaches the nearest town, which isn’t where the crime occurred. For decades, the first response from an Indian police station in cases like these was some version of ‘wrong jurisdiction, go elsewhere’, a delay that could mean lost evidence, a cooling trail, or worse.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure on 1 July 2024, finally closed that gap by writing the Zero FIR, until then only a judicially evolved practice, directly into statute, alongside a new right to report a crime electronically through an e-FIR.

This guide explains exactly how both mechanisms work under Section 173 of the BNSS, what a police officer is legally required to do when you walk in (or log on), and what remedies you have if they refuse.

Why This Topic Matters in 2026

BNSS is still, in legal-system terms, a newborn, barely two years into force and most citizens (and more than a few junior police officers) remain unclear on how the old Section 154 CrPC practice maps onto the new Section 173 BNSS regime. Zero FIR was recently featured as a UPSC Prelims 2026 current-affairs question, a strong signal of its growing public and academic relevance. For ordinary citizens, understanding this correctly is the difference between a complaint being registered on the spot and being turned away at exactly the moment speed matters most.

Background: From CrPC Section 154 to BNSS Section 173

Zero FIR’s roots trace back to the Justice J.S. Verma Committee, constituted after the 2012 Delhi gang-rape case, which recommended that no police station be allowed to refuse a complaint on jurisdictional grounds. The Ministry of Home Affairs followed with a 2015 advisory recommending Zero FIRs specifically for crimes against women, and the Supreme Court had already established the underlying duty to act in State of A.P. v. Punati Ramulu (1993), holding that an officer must record a cognizable offence and forward it to the correct station rather than refuse it outright.

What BNSS 2023 did, effective 1 July 2024, was take this judicially and administratively evolved practice and give it direct statutory force under Section 173(1), the replacement provision for the old Section 154 CrPC — through the specific phrase ‘irrespective of the area where the offence is committed.’

Legal Framework — Sections You Must Know

• Section 173(1), BNSS, every cognizable offence may be reported orally or by electronic communication, irrespective of the area where it was committed; oral information must be written down and read back to the informant for signature.
• Section 173(1), proviso, electronic (e-FIR) information is taken on record only once the informant signs it within 3 days.
• Section 173(1), proviso for women victims, where the alleged offence falls under BNS Sections 64–71, 74–79, or 124 (sexual and related offences), the information must be recorded by a woman police officer.
• Section 173(2), BNSS, a copy of the recorded information must be given free of cost, forthwith, to the informant or victim.
• Section 173(3), BNSS, for offences punishable with 3 years or more but less than 7 years, the officer-in-charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry (to be completed within 14 days) before deciding whether to register an FIR — instead of registering it immediately.
• Section 175, BNSS, remedy against refusal: a complainant can approach the Superintendent of Police, and, if that fails, the jurisdictional Magistrate can direct registration of the FIR.
• Section 199(c), BNS, a public servant who fails to record information under Section 173(1) for specified serious offences (including sexual offences under BNS Sections 64–71) commits a punishable offence: rigorous imprisonment of 6 months to 2 years, plus fine.

Important nuance: ‘Zero FIR’ and ‘e-FIR’ are not two separate legal categories with different section numbers; both are procedural applications of the same Section 173(1). A Zero FIR describes what happens when a report is made outside the local jurisdiction of the police station receiving it (recorded with a serial number ‘0’, then transferred); an e-FIR describes how a report is made through electronic communication rather than in person.

Zero FIR vs e-FIR vs Regular FIR — The Core Distinction

A regular FIR is filed at the police station that has territorial jurisdiction over the place where the offence occurred, and it receives a normal serial number in that station’s records.

A Zero FIR is filed at any police station, regardless of jurisdiction, recorded with serial number ‘0’ — and is then transferred to the station with actual territorial jurisdiction, which re-registers it under its own regular serial number and takes over the investigation.

An e-FIR refers to the mode of reporting — via email, an official police portal, WhatsApp, or text message — rather than physically visiting a station; it becomes an officially recorded FIR only once the informant signs the electronic submission within 3 days.

A single complaint can, in principle, be both a Zero FIR and an e-FIR at once, for instance, reporting a crime electronically to a police station outside the jurisdiction where the offence occurred.

Landmark Judgments Behind Section 173

Case	Citation	Court	Held / Significance
Lalita Kumari v. Government of Uttar Pradesh	(2014) 2 SCC 1	Supreme Court (Constitution Bench)	Held registration of an FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) once information discloses a cognizable offence; preliminary inquiry is permitted only in limited categories (e.g., matrimonial/family disputes, commercial/financial offences, corruption cases, medical negligence, cases with abnormal delay in reporting), and must be time-bound — the principle Section 173(3) BNSS now partly codifies for the 3–7 year punishment band.
State of A.P. v. Punati Ramulu & Ors.	1993 Supp (1) SCC 590	Supreme Court	Held a police officer is duty-bound to record information about a cognizable offence and forward it to the station with proper jurisdiction, rather than refusing to act — the judicial ancestor of today’s statutory Zero FIR.
M. Subramaniam v. S. Janaki	Supreme Court of India	Supreme Court	Held that where police refuse to register an FIR, the complainant must first pursue the statutory remedies now available under Sections 173(3)/173(4) and 175 BNSS before approaching the High Court under writ jurisdiction.

Note: always cross-check the operative paragraphs on sci.gov.in or Indian Kanoon before citing these in a formal proceeding.

Step-by-Step: Filing a Zero FIR

• 1. Walk into any police station; it does not need to have jurisdiction over the place the offence occurred.
• 2. State that you wish to report a cognizable offence; the duty officer cannot refuse merely on jurisdictional grounds.
• 3. If given orally, the officer must reduce it to writing and read it back to you before you sign it.
• 4. The complaint is recorded with serial number ‘0’ in that station’s register; this is what makes it a ‘Zero’ FIR.
• 5. You are entitled to a free copy of the recorded information immediately, under Section 173(2).
• 6. The station forwards the Zero FIR to the police station with actual territorial jurisdiction.
• 7. The receiving station re-registers it as a regular FIR under its own serial number and assigns an investigating officer.

Step-by-Step: Filing an e-FIR

• 1. Access your State Police’s official e-FIR portal, or report via the designated electronic channel notified by your State (email, WhatsApp helpline, or web form).
• 2. Provide complete details of the offence — date, time, place, description of the accused if known, and supporting evidence such as photographs or documents.
• 3. Note your complaint/reference number generated on submission.
• 4. Visit the police station within 3 days to sign the electronic submission — this signature is mandatory for the e-FIR to be officially recorded under Section 173(1).
• 5. Collect your free copy of the recorded FIR once formalised.

What Happens After Filing — The Preliminary Enquiry Window

Not every complaint results in an immediate FIR. Where the alleged offence is punishable with imprisonment of 3 years or more but less than 7 years, Section 173(3) permits the officer in charge, with the prior permission of a Deputy Superintendent of Police, to conduct a preliminary enquiry, essentially a prima facie check, before formally registering the FIR, and this enquiry must be completed within 14 days.

This does not apply to the specified serious/sexual offences listed under BNS Section 199(c), where immediate registration is mandatory, and no preliminary enquiry option exists. If the enquiry results in closure without registering an FIR, Lalita Kumari requires that the informant be given a copy of that closure entry, with reasons, within a week.

If Police Refuse to Register Your FIR

• Step 1 — Request a written reason for refusal; a lawful refusal (e.g., the matter is non-cognizable) must be recorded and communicated.
• Step 2 — Escalate in writing to the Superintendent of Police (or Commissioner of Police in metro jurisdictions) under Section 175 BNSS, enclosing your original complaint.
• Step 3 — If still unresolved, approach the jurisdictional Magistrate under Section 175(3) BNSS, who can direct the police to register and investigate the case.
• Step 4 — A public servant’s failure to record information for the serious offences listed in BNS Section 199(c) is itself a criminal offence, punishable with 6 months to 2 years’ imprisonment plus fine — this can be cited as leverage in your representation.

Practical Scenario

A traveller’s bag is stolen at a railway station in City A while they are en route to City B, and they only realise it after reaching City B. Under the pre-BNSS practice, a City B police station could plausibly have turned them away for lack of jurisdiction, forcing a return trip to City A. Under Section 173(1) BNSS, the City B station is now legally obligated to record the complaint as a Zero FIR, hand over a free copy immediately, and forward it to the City A station having jurisdiction, which then takes over the investigation, the traveller never needs to leave City B to get the process started.

Common Mistakes to Avoid

• Accepting a verbal refusal without insisting on a written reason.
• Not signing an e-FIR submission within the 3-day window causes it to lapse from the official record.
• Assuming Zero FIR means the case will be investigated at the station where it was filed — it will not; it gets transferred.
• Not requesting the free copy of the FIR under Section 173(2) at the time of filing.
• Escalating straight to a writ petition before exhausting the Section 175 remedies before the SP and Magistrate, which courts (per M. Subramaniam v. S. Janaki) expect to be used first.

Facts vs Myths

Myth	Fact
Police can refuse to register your complaint if the crime happened outside their area.	False — Section 173(1) BNSS obligates any police station to record it as a Zero FIR and transfer it.
An e-FIR is legally valid the moment you submit it online.	False — it is taken on record only after the informant signs it within 3 days.
Zero FIR means no investigation happens.	False — it is investigated in full, just by the station with actual territorial jurisdiction after transfer.
You must pay a fee to get a copy of your FIR.	False — Section 173(2) entitles you to a free copy immediately.

Zero FIR vs e-FIR — Comparison

Aspect	Zero FIR	e-FIR
What it addresses	Jurisdiction of the police station	Mode of reporting (electronic vs in-person)
Where filed	Any police station, regardless of jurisdiction	State police’s designated electronic channel/portal
Formal validity trigger	Recorded on the spot with serial number ‘0’	Only after informant’s signature within 3 days
Next step	Transferred to the jurisdictional station, re-registered	Formalised into a regular FIR upon signature
Governing provision	Section 173(1) BNSS (‘irrespective of area’)	Section 173(1) BNSS (electronic communication proviso)

Timeline

• 1993 — State of A.P. v. Punati Ramulu establishes the duty to record and forward, regardless of jurisdiction.
• 2012 — Delhi gang-rape case prompts the Justice J.S. Verma Committee recommendations.
• 2014 — Lalita Kumari v. Govt. of UP makes FIR registration mandatory once a cognizable offence is disclosed, with narrow preliminary-enquiry exceptions.
• 2015 — MHA advisory recommends Zero FIRs specifically for crimes against women.
• 2023 — Bharatiya Nagarik Suraksha Sanhita enacted, codifying Zero FIR and e-FIR under Section 173.
• 1 July 2024 — BNSS comes into force nationwide, replacing the CrPC, 1973.
• 2026 — Zero FIR appears as a UPSC Prelims current-affairs question, reflecting its embedding in mainstream legal literacy.

Filing Flowchart

Cognizable offence occurs →
Report at any police station (in person) OR via electronic channel (e-FIR) →
[In person: oral info written down, read back, signed] / [Electronic: sign within 3 days] →
Recorded as Zero FIR (serial ‘0’) if outside jurisdiction →
Free copy given under Section 173(2) →
Forwarded to jurisdictional station →
Re-registered as regular FIR →
[3–7 year offences only: optional 14-day preliminary enquiry with DSP permission under Section 173(3)] →
Investigation proceeds →
[If refused at any stage: written reason required →
escalate to SP under Section 175 → approach Magistrate under Section 175(3) if unresolved].

Pre-Filing Checklist

• Have I clearly identified the offence as cognizable (police can act without a warrant/court order)?
• Do I have all available evidence, witness details, and a clear timeline ready to state?
• If filing electronically, do I know the 3-day window to visit and sign?
• Have I asked for and received a free copy of the recorded FIR?
• If refused, have I obtained the reason in writing before escalating?

Frequently Asked Questions

Q: What is a Zero FIR?
A: An FIR that can be registered at any police station regardless of where the offence occurred, recorded with serial number ‘0’ and then transferred to the police station with actual territorial jurisdiction, under Section 173(1) BNSS.

Q: What is an e-FIR?
A: A First Information Report lodged electronically — via a police portal, email, or other notified electronic communication — under Section 173(1) BNSS, which becomes officially recorded once the informant signs it within 3 days.

Q: Can police refuse to register a Zero FIR?
A: No — Section 173(1) BNSS obligates every police station to record information about a cognizable offence irrespective of jurisdiction; refusal can be escalated under Section 175 and may attract penal consequences under BNS Section 199(c) for specified serious offences.

Q: Is Zero FIR a new concept under BNSS?
A: The practice existed earlier through judicial pronouncements (State of A.P. v. Punati Ramulu) and a 2015 MHA advisory, but BNSS 2023 gave it statutory backing for the first time.

Q: Which offences qualify for Zero FIR/e-FIR filing?
A: Only cognizable offences — those where police can investigate and arrest without a Magistrate’s prior order. Non-cognizable offences are handled separately under Section 174 BNSS and generally require a Magistrate’s direction.

Q: What happens after a Zero FIR is filed?
A: It is transferred to the police station having territorial jurisdiction, which re-registers it under a regular serial number and takes over investigation.

Q: Does an e-FIR need to be signed physically?
A: Yes — the informant must sign the electronically submitted information within 3 days for it to be taken on record as a valid FIR.

Q: What if I don’t sign the e-FIR within 3 days?
A: The submission is not treated as officially recorded until signed; delays risk the complaint lapsing from formal record, so visiting within the window is essential.

Q: Can I get a free copy of my FIR?
A: Yes — Section 173(2) BNSS entitles the informant or victim to a free copy of the recorded information, forthwith.

Q: What is a preliminary enquiry under BNSS?
A: For offences punishable with 3 to under 7 years, Section 173(3) allows the police, with DSP-level permission, to conduct a time-bound (14-day) enquiry before deciding whether to register an FIR, instead of registering immediately.

Q: Does preliminary enquiry apply to all offences?
A: No — it does not apply to the serious/sexual offences specifically listed under BNS Section 199(c), where immediate FIR registration is mandatory.

Q: What can I do if police still refuse after escalating to the SP?
A: You can approach the jurisdictional Magistrate under Section 175(3) BNSS, who has the power to direct registration and investigation of the offence.

Q: Has BNSS replaced the CrPC completely?
A: Yes — the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024, alongside the Bharatiya Nyaya Sanhita (replacing the IPC) and the Bharatiya Sakshya Adhiniyam (replacing the Evidence Act).

Conclusion

Zero FIR and e-FIR together represent one of the more citizen-friendly reforms in the BNSS 2023 overhaul, closing the jurisdictional loophole that once let police stations pass the buck, and opening a digital channel for reporting that didn’t previously exist in statute.

But rights on paper only work if citizens know how to invoke them. Knowing that ‘wrong jurisdiction’ is no longer a lawful excuse and knowing exactly which section to cite if you hear it anyway is what turns this from legal trivia into a genuinely useful tool the next time you or someone you know needs to report a crime.

Key Takeaways

• Any police station must register a Zero FIR for a cognizable offence, regardless of jurisdiction, under Section 173(1) BNSS.
• An e-FIR becomes officially valid only after the informant signs it within 3 days of electronic submission.
• You are legally entitled to a free copy of your FIR immediately under Section 173(2).
• Preliminary enquiry (14 days, DSP permission) applies only to offences punishable 3–7 years, and never to the serious offences listed under BNS Section 199(c).
• If refused, escalate in writing to the SP under Section 175, then to the Magistrate under Section 175(3) — this sequence is expected by courts before any writ petition.

Legal Disclaimer

This article is for general legal awareness and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified advocate for your specific facts. If you are in immediate danger, contact 112 (India’s emergency helpline) or your nearest police station directly rather than relying solely on this guide.

Read More:
RTI Act 2005: The Complete Citizen’s Guide to Filing, First Appeal & Second Appeal