Cancellation of FIR by the Police?
An officer-in-charge of a police station—or even a senior police officer—has no statutory authority to cancel an FIR. Even if investigation shows that no cognisable offence was committed, the police cannot unilaterally void it. Instead, the investigating officer must submit a Final Report (Closure Report) to the jurisdictional magistrate under Section 193 BNSS, 2023. Legally, an FIR is treated as cancelled only when the magistrate accepts this report. If the magistrate rejects it, the FIR remains valid and proceedings continue.
In short: Police investigate, and the magistrate decides—cancellation of an FIR is a judicial act, not a police power.
Classification of Police Report in Final Form
When a police investigation reveals that no trial is warranted, the officer-in-charge submits a final report (excluding a charge sheet) to the jurisdictional magistrate under Section 193 BNSS. These reports typically fall into five categories:
| Final Report | Meaning |
|---|---|
| Final Report True (FRT) | The alleged incident occurred as reported, but the named accused persons are not criminally liable (e.g., a theft took place, but those named in the FIR were not involved). |
| Final Report False (FRF) | The alleged incident did not occur at all, and the accusations against the suspect are fabricated or false (e.g., no theft ever occurred at the scene). |
| Final Report Mistake of Fact (FRMF) | The incident occurred under a factual misapprehension that does not constitute an offence (e.g., allegations of kidnapping and rape that turn out to be a consensual elopement and marriage between adults). |
| Final Report Mistake of Law (FRML) | The facts alleged do not legally constitute an offence under the law (e.g., consensual marriage between adults misconstrued or alleged as an offence). |
| Final Report Non-Cognisable (FRNC) | The incident occurred, but the investigation reveals only a non-cognisable offence (e.g., allegations under Section 118 BNS are disproved, revealing only a non-cognisable offence under Section 115(2) BNS). |
Judicial Disposal & Constructive Cancellation
Statutory Note
Statutory Note: The BNSS contains no explicit provision for the “cancellation” of an FIR by the police or the magistrate.
Effect of Acceptance
If the magistrate accepts any of the above final reports, the proceedings are dropped and the FIR is constructively deemed cancelled—provided no protest/narazi petition is filed by the informant.
Release under Section 189 BNSS
Where evidence is deficient, the Investigating Officer may release the accused on a bond/surety under Section 189 BNSS and recommend discharge in the Final Report.
Discretion of the Magistrate
The magistrate is not bound by the police conclusion. As established in India Carat Pvt. Ltd. v. State of Karnataka (1989), the magistrate can disagree with the final report, examine witness statements recorded during investigation, take cognisance of the offence, and issue a process against the accused.
Cancellation of FIR by the Magistrate
Every investigation must be completed without undue delay. Once finished, the police submit a Final Report under Section 193 BNSS, setting out the facts and conclusions.
- If the report shows a prima facie offence, the magistrate may take cognisance under Section 210 BNSS and proceed with trial.
- If no offence is disclosed, the magistrate may accept the final report and drop proceedings. In such cases, the FIR is treated as cancelled or closed.
Typical Negative Reports
| Report | Description |
|---|---|
| FRT | offence occurred, but the accused is untraced / no evidence |
| FRMF | complaint based on factual misunderstanding |
| FRML | facts do not amount to an offence in law |
| FRNC | incident amounts only to a non-cognisable offence |
Importantly, if the police file a charge sheet alleging commission of an offence, the magistrate cannot cancel the FIR—the case must proceed to trial.
Withdrawal of FIR
An FIR, once registered, cannot be withdrawn by the informant. Under the statutory scheme, an FIR is lodged with the Officer-in-Charge of a police station for a cognisable offence, which the law treats as a crime against the State, not just against an individual victim.
Because of this:
- The informant has no legal authority to withdraw a recorded FIR.
- Police officers, including the officer-in-charge or senior officers, cannot cancel it.
- Magistrates also lack statutory power to permit withdrawal.
Once criminal law is set in motion, it must proceed to its lawful conclusion under the BNSS, 2023, subject only to judicial oversight mechanisms like cancellation or quashing.
Quashing or Cancellation of FIR by the High Court
While a police station is the proper place to register an FIR for a cognisable offence, the process is sometimes misused to settle personal or political scores, convert civil disputes into criminal cases, or fabricate serious non-bailable offences. To prevent such abuse, Section 528 BNSS, 2023, empowers the High Court to quash or cancel false, frivolous, or malicious FIRs.
Bhajan Lal Guidelines
The landmark Bhajan Lal guidelines outline situations where the High Court may exercise this power:
| Ground | Description |
|---|---|
| No Offence Disclosed | Allegations, even if accepted at face value, do not establish any offence. |
| Non-Cognisable Offence | FIR reveals only a non-cognisable offence, where police cannot investigate without a magistrate’s order under Section 174 BNSS. |
| Absurd or Improbable Allegations | Claims are inherently implausible, making prosecution unreasonable. |
| Express Statutory Bar | Law expressly prohibits initiation or continuation of proceedings. |
| Malicious Prosecution | FIR is filed with ulterior motives such as vengeance, harassment, or defamation. |
In essence: High Courts act as a safeguard against misuse of FIRs, ensuring criminal law is not weaponised for personal vendetta or frivolous litigation.
Conclusion
Under the BNSS, 2023, once an FIR is registered, it cannot be withdrawn by the informant or cancelled by the police. A cognisable offence is treated as a crime against the State, so neither private will nor police discretion can override it.
Key Points
- Police Role: If the investigation shows no offence, the Investigating Officer must file a Final Report before the Magistrate under Section 193 BNSS.
- Judicial Oversight: An FIR is cancelled only when the magistrate accepts this report. If rejected, the FIR remains valid and proceedings continue.
- High Court Power: Under Section 528 BNSS, the High Court may quash an FIR if it is malicious, baseless, or legally barred to prevent abuse of process.
In essence: police investigate, the magistrate decides, and the High Court safeguards. This framework balances effective law enforcement with protection against arbitrary or frivolous prosecution.
