Introduction
The First Information Report (FIR) is the foundational catalyst of the Indian criminal justice system, setting the law in motion for cognisable offences. On 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replaced the Code of Criminal Procedure, 1973 (CrPC). The BNSS modernises procedural law under Section 173, placing a strong emphasis on digital accessibility, procedural accountability, and victim empowerment.
Importantly, an “informant” or “complainant” need not be the direct victim. Any person with knowledge of a cognisable offence possesses the locus standi to lodge an FIR, ensuring unhindered access to justice.
Key Statutory Rights of a Complainant
2.1. Mandatory Registration & Digital Modes
- Multiple Filing Modes: Information can be provided orally, in writing, or via electronic communication (e-FIR). Electronic filings must be signed within three days to formalise the FIR.
- Zero FIR: Recognised explicitly under Section 173(1) BNSS. An FIR can be registered at any police station regardless of territorial jurisdiction and subsequently transferred to the appropriate station.
- Language Accessibility: Statements must be recorded in a language understood by the informant whenever feasible.
- Free Copy Mandate: Under Section 173(2) BNSS, a copy of the registered FIR must be provided forthwith and free of cost to the informant or victim. In addition, state police portals must publish FIRs online within designated timelines.
2.2. Safeguards for Vulnerable Complainants
- Women Police Officers: Offences against women under specified sections of the Bharatiya Nyaya Sanhita (BNS) must be recorded by a woman police officer or any female officer.
- Special Accommodations: For informants with physical or mental disabilities, statement recording must occur at their preferred location, in the presence of an interpreter, special educator, or legal representative. Audio-video recording of this interaction is mandatory.
2.3. Modern Investigation Safeguards
- Mandatory Audio-Video Recording: Under Section 105 BNSS, search, seizure, and the preparation of the seizure list (panchnama) must be recorded via mobile device or audio-video media to prevent evidence tampering.
- Progress Tracking (90-Day Mandate): Section 193 BNSS grants victims and informants the right to be updated on the investigation’s progress within 90 days, including via electronic channels (SMS, email, and portal updates).
- Preliminary Enquiry Limits: For offences punishable by 3 to 7 years imprisonment, Section 173(3) BNSS allows a preliminary enquiry (max 14 days) under Dy.SP permission to establish if a prima facie case exists before FIR registration. Offences punishable by 7+ years require immediate FIR registration.
Escalation Framework Against Refusal to Register an FIR
If a Station House Officer (SHO) refuses to register an FIR, the BNSS provides a structured two-tiered escalation process:
| Stage | Authority | Mechanism & Statutory Provision |
|---|---|---|
| First Remedy | Superintendent of Police (SP) / DCP | Send written details via post or electronic submission under Section 173(4) BNSS. If satisfied that a cognisable offence is disclosed, the SP/DCP shall personally investigate or direct a subordinate officer to do so. |
| Judicial Remedy | Judicial Magistrate | If the SP/DCP fails to take action, file an application supported by an affidavit before the magistrate under Section 175(3) BNSS. The magistrate may order an investigation after conducting a preliminary inquiry. |
4. Post-Investigation & Trial Rights
- Free Copies of Police Report & Documents (Section 230 BNSS): Once the police submit their final report—whether a charge sheet or closure report—the magistrate is legally bound to provide, free of cost, copies of the report, the FIR registered under Section 173, witness statements recorded under Section 180(3), confessions and statements under Section 183, and all supporting documents forwarded under Section 193(6). These must be furnished to the accused and to the victim (if represented by an advocate) within 14 days of the accused’s first appearance in court, ensuring transparency, fairness, and equal access to case records.
- Right to Protest Petition: If police file a closure report, the complainant must be formally notified and has the right to file a Protest Petition before the Magistrate to challenge the closure and demand further investigation.
- Participation via Private Counsel: Victims can engage a private advocate to assist the Public Prosecutor during proceedings (subject to court permission).
- Right to be Heard in Bail Proceedings: In severe BNS offences (e.g., life imprisonment, death penalty, sexual violence), the victim or their legal representative has a right to be notified and heard during bail applications.
- Victim Compensation & Medical Care: Under Section 396 BNSS, victims can apply to the District or State Legal Services Authority for compensation. Courts can direct immediate interim financial and medical relief for injured victims.
- Witness Protection: Section 398 BNSS codifies a mandatory statutory framework for state governments to enforce witness protection schemes, protecting complainants and witnesses from intimidation or retaliation.
Rights Balanced with Responsibilities
The BNSS pairs citizen empowerment with legal accountability. Suppressing facts, filing false accusations, or lodging malicious FIRs is punishable under Section 248 and related provisions of the Bharatiya Nyaya Sanhita (BNS). Courts retain full authority to initiate proceedings against complainants who abuse judicial machinery.
Conclusion
The BNSS, 2023, empowers complainants by codifying mandatory FIR registration, digital accessibility, Zero FIR recognition, and safeguards for vulnerable groups, while simultaneously imposing strict accountability on police officers through statutory escalation and penal liability under the BNS, 2023. By pairing citizen rights with procedural responsibilities, the framework ensures that access to justice is not obstructed by administrative reluctance or jurisdictional barriers. With provisions for victim participation, compensation, and witness protection, the BNSS modernises criminal procedure into a system that is more transparent, responsive, and fair, thereby reinforcing the complainant’s role as a central stakeholder in the criminal justice process.
