Section 173 BNSS: Information in cognizable cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 173 BNSS at a Glance
Section 173 BNSS deals with information in cognizable cases. It replaced Section 154 CrPC on 1 July 2024. Popularly called the FIR section. Section 173(1) BNSS takes information irrespective of the area where the offence is committed (a Zero FIR), and by electronic communication signed within three days.
Section 173 BNSS Bare Act Text
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.
(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.
Source: Section 173, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 173 BNSS in Simple Words
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed. Under section 173(1), the information may be given orally or by electronic communication to an officer in charge of a police station. Under the first clause of section 173(1), oral information shall be reduced to writing by the officer, or under the officer's direction, and read over to the informant. Every such information, whether given in writing or reduced to writing, shall be signed by the person giving it. Under the second clause of section 173(1), if it is given by electronic communication, the officer shall take it on record on its being signed within three days by the person giving it. The substance of the information shall be entered in a book kept by the officer in the form the State Government may prescribe by rules. The first proviso applies when the information is given by a woman against whom an offence is alleged to have been committed or attempted. The offences are those under sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 or 124 of the Bharatiya Nyaya Sanhita, 2023. In that case the information shall be recorded by a woman police officer or any woman officer.
The further proviso applies when a person against whom an offence is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled. The offences are again those under sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 or 124 of the Bharatiya Nyaya Sanhita, 2023. Under the first clause of the further proviso, a police officer shall record the information at the residence of the person seeking to report the offence, or at a convenient place of that person's choice. The information shall be recorded in the presence of an interpreter or a special educator, as the case may be. Under the second clause, the recording of the information shall be videographed. Under the third clause, the police officer shall get the statement of the person recorded by a Magistrate under section 183(6)(a) as soon as possible. Under section 173(2), a copy of the information as recorded under section 173(1) shall be given to the informant or the victim forthwith and free of cost. Section 173(3) is without prejudice to section 175 and covers information relating to a cognizable offence made punishable for three years or more but less than seven years. The officer in charge of the police station may act with the prior permission of an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence.
Under the first clause of section 173(3), the officer may conduct a preliminary enquiry, within a period of fourteen days, to ascertain whether there exists a prima facie case for proceeding in the matter. Under the second clause of section 173(3), the officer may proceed with investigation when there exists a prima facie case. Under section 173(4), if the officer in charge of a police station refuses to record the information, the aggrieved person may send its substance to the Superintendent of Police concerned. This is done in writing and by post. If the Superintendent of Police is satisfied that the information discloses the commission of a cognizable offence, the Superintendent shall either investigate the case personally or direct a subordinate police officer to investigate it. The investigation is made in the manner provided by the Sanhita, and the officer investigating has all the powers of an officer in charge of the police station in relation to that offence. Failing an investigation or a direction to investigate, the aggrieved person may make an application to the Magistrate.
When Section 173 BNSS Applies
- Under Section 173(1) BNSS, information relating to the commission of a cognizable offence may be given to an officer in charge of a police station irrespective of the area where the offence is committed, and if given orally it shall be reduced to writing, read over to the informant, and signed by the person giving it, while if given by electronic communication it shall be taken on record on being signed within three days by the person giving it and have its substance entered in the prescribed book.
- Under the proviso to Section 173(1) BNSS, a woman police officer or any woman officer shall record the information when it is given by the woman against whom an offence under Section 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 or 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted.
- Under the further proviso to Section 173(1) BNSS, when the person against whom a listed offence under the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, a police officer shall videograph the recording of the information at the residence or a convenient chosen place in the presence of an interpreter or special educator and get a Magistrate to record the statement under Section 183(6)(a) BNSS as soon as possible.
- Under Section 173(2) BNSS, a copy of the information recorded under Section 173(1) BNSS shall be given free of cost and forthwith to the informant or the victim.
- Under Section 173(3) BNSS, without prejudice to Section 175 BNSS, on receiving information of a cognizable offence made punishable for three years or more but less than seven years, the officer in charge of the police station may, with prior permission from an officer not below the rank of Deputy Superintendent of Police and considering the nature and gravity of the offence, either conduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists or proceed with investigation when a prima facie case exists.
- Under Section 173(4) BNSS, a person aggrieved by the refusal of an officer in charge of a police station to record information under Section 173(1) BNSS may send its substance in writing and by post to the Superintendent of Police, who if satisfied that it discloses the commission of a cognizable offence shall investigate the case himself or direct a subordinate police officer to investigate, failing which the aggrieved person may make an application to the Magistrate.
Time Limits Under Section 173 BNSS
- Under Section 173(1)(ii) BNSS, information given by electronic communication shall be taken on record by the officer in charge of the police station on being signed within three days by the person giving it.Act text: “it shall be taken on record by him on being signed within three days by the person giving it”
- In cases covered by the disability proviso in Section 173(1) BNSS, the police officer shall get the statement of the person recorded by a Magistrate under Section 183(6)(a) BNSS as soon as possible.Act text: “get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.”
- Under Section 173(2) BNSS, a copy of the information recorded under Section 173(1) BNSS shall be given forthwith and free of cost to the informant or the victim.Act text: “shall be given forthwith, free of cost, to the informant or the victim.”
- Under Section 173(3)(i) BNSS, for a cognizable offence made punishable for three years or more but less than seven years, a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter may be conducted within a period of fourteen days with the required prior permission.Act text: “proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days”
Example of Section 173 BNSS
When Section 173 BNSS Does Not Apply
- Recording under Section 173(1) BNSS does not apply when the information does not relate to the commission of a cognizable offence.
- Information given by electronic communication under Section 173(1)(ii) BNSS is not taken on record unless it is signed within three days by the person giving it.
- The power to conduct a preliminary enquiry under Section 173(3) BNSS does not apply if the cognizable offence is not made punishable for three years or more but less than seven years or if the officer in charge does not have prior permission from an officer not below the rank of Deputy Superintendent of Police.
- The proviso to Section 173(1) BNSS requiring recording by a woman police officer or any woman officer does not apply unless the information is given by the woman against whom a listed offence under the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted.
Section 173 BNSS in the CrPC (Previous Law)
Section 173 BNSS replaced Section 154 CrPC from 1 July 2024.
Section 154 of the Code of Criminal Procedure, 1973 became Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering, changing Code to Sanhita, spelling video graphed as videographed, and replacing Indian Penal Code references with Bharatiya Nyaya Sanhita references are changes of form. The further proviso for disabled persons also lists Section 124 BNS, which its CrPC counterpart did not cover, and the statement is recorded by a Magistrate instead of a Judicial Magistrate. Substantively, Section 173 BNSS allows reporting irrespective of the area and by electronic communication signed within three days, gives the victim a free copy, adds new Section 173(3) BNSS on preliminary enquiry within fourteen days, and adds an application to the Magistrate.
Each sub-section below names its own source.
FAQs on Section 173 BNSS
How can a first information report be given and recorded under Section 173(1) BNSS?▼
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, information about a cognizable offence may be given to an officer in charge of a police station orally or by electronic communication, irrespective of the area where the offence is committed. Oral information shall be reduced to writing, read over, and signed by the person giving it. Electronic communication shall be taken on record on being signed within three days by the person giving it, and its substance entered in the prescribed book.
What protections does Section 173(1) BNSS provide for women and disabled victims of listed offences?▼
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a woman police officer or any woman officer shall record information given by a woman victim of a listed Bharatiya Nyaya Sanhita, 2023 offence. If a victim of a listed offence is temporarily or permanently mentally or physically disabled, a police officer shall videograph the recording at the residence or convenient chosen place with an interpreter or special educator and get a Magistrate statement under Section 183(6)(a) BNSS as soon as possible.
When may the police conduct a preliminary enquiry under Section 173(3) BNSS?▼
Without prejudice to Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 173(3) BNSS applies to information of a cognizable offence made punishable for three years or more but less than seven years. Considering the nature and gravity of the offence, and with prior permission from an officer not below the rank of Deputy Superintendent of Police, the station officer may conduct a preliminary enquiry within fourteen days to ascertain a prima facie case, or proceed with investigation when a prima facie case exists.
Who receives a free copy of the recorded information and what happens if the police refuse to record it under Section 173 BNSS?▼
Under Section 173(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a copy of the information recorded under Section 173(1) BNSS shall be given forthwith and free of cost to the informant or the victim. Under Section 173(4) BNSS, any person aggrieved by a refusal of the officer in charge of a police station to record the information may send its substance in writing and by post to the Superintendent of Police for investigation, failing which the aggrieved person may make an application to the Magistrate.
What changed when Section 154 CrPC became Section 173 BNSS from 1 July 2024?▼
From 1 July 2024, Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 154 of the Code of Criminal Procedure, 1973. Section 173(1) BNSS allows reporting irrespective of the offence area and by electronic communication signed within three days. Section 173(2) BNSS adds the victim for the free copy, new Section 173(3) BNSS permits a preliminary enquiry within fourteen days for offences punishable for three years or more but less than seven years, and Section 173(4) BNSS allows applying to the Magistrate.
Section 173 BNSS: Sub-sections Explained
Section 173(1) BNSS: Information in cognizable cases
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Bare Act Text
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.
Section 173(2) BNSS: Information in cognizable cases
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Bare Act Text
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.
Section 173(3) BNSS: Information in cognizable cases
▶
Bare Act Text
(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
Section 173(4) BNSS: Information in cognizable cases
▶
Bare Act Text
(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·