Difference Between FIR Registration Provisions Under Section 154 CrPC & Section 173 BNSS: A Comprehensive Analysis

The registration of a First Information Report (FIR) is the first critical step in the criminal justice process. Traditionally, this procedure was governed by Section 154 of the Code of Criminal Procedure, 1973 (CrPC). However, with the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the CrPC, the provisions related to FIR registration have been modified and renumbered under Section 173 BNSS.

This article examines the key differences between the two provisions, supported by case laws and judicial interpretations, to provide a clear understanding of how FIR registration has evolved under the new legal framework.

Legal Provisions: CrPC vs. BNSS

1. Section 154 CrPC (Old Law)
   Under the CrPC, Section 154 dealt with the registration of FIRs. The key features were:
   1. Mandatory Registration – Police were legally bound to register an FIR upon receiving information about a cognizable offense (Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1).
   2. Oral or Written Complaint – The information could be given orally or in writing. If oral, it had to be reduced to writing by the officer and read over to the informant.
   3. Refusal to Register FIR – If the police refused, the informant could approach the Superintendent of Police (SP) under Section 154(3) or file a complaint before the Magistrate under Section 156(3).
   4. Zero FIR Concept – An FIR could be registered at any police station, irrespective of jurisdiction, and later transferred to the appropriate station (Satvinder Kaur v. State, 1999 SCC (8) 728).
2. Section 173 BNSS (New Law) The BNSS retains most of the principles of FIR registration but introduces key changes:
   1. Digital FIRs – Complaints can now be filed electronically, and the police must register the FIR without requiring the informant to be physically present (Section 173(1) BNSS).
   2. Preliminary Enquiry (Limited Cases) – While Lalita Kumari made FIR registration mandatory, BNSS allows a preliminary enquiry (within 14 days) in cases where the offense carries a punishment of less than 3 years (Section 173(1) Proviso).
   3. Mandatory Acknowledgment – Police must provide an acknowledgment receipt to the informant, whether the complaint is filed in person or online.
   4. Time-Bound Action – The BNSS imposes stricter timelines for investigation, ensuring speedy justice.

Key Differences Between Section 154 CrPC & Section 173 BNSS

Judicial Precedents & Interpretations

1. Mandatory FIR Registration (Lalita Kumari Case) The Supreme Court in Lalita Kumari (2014) held that registration of FIR is compulsory if the information discloses a cognizable offense. The police cannot conduct a preliminary enquiry unless it involves:
   • Matrimonial disputes
   • Commercial offenses
   • Medical negligence cases
   • Cases requiring preliminary verification
   The BNSS codifies this exception but limits it to offenses punishable with less than 3 years.  
2. Zero FIR Concept (Satvinder Kaur Case) The SC in Satvinder Kaur (1999) ruled that an FIR can be lodged at any police station, even if the crime occurred outside its jurisdiction. The BNSS explicitly incorporates this principle, reducing jurisdictional delays.
    
3. Consequences of Non-Registration (Arnesh Kumar Case) In Arnesh Kumar v. State of Bihar (2014), the SC warned against mechanical arrests without proper investigation. The BNSS reinforces this by ensuring transparency in FIR registration and imposing strict timelines.

Critical Analysis: Improvements & Challenges

Advantages of BNSS

• Digital FIRs – Reduces delays and increases accessibility.
• Preliminary Enquiry Clarity – Prevents misuse in minor cases.
• Stricter Accountability – Mandatory acknowledgment prevents police inaction.

Potential Challenges

• Misuse of Preliminary Enquiry – Police may delay FIR registration in serious cases.
• Digital Divide – Rural areas may face difficulties with e-FIRs.

Conclusion

While Section 154 CrPC laid the foundation for FIR registration, Section 173 BNSS modernizes the process with digital complaints, mandatory acknowledgments, and limited preliminary enquiries. Judicial precedents like Lalita Kumari and Satvinder Kaur continue to guide the interpretation, ensuring that the right to speedy justice is upheld.

However, the effective implementation of these provisions will determine whether the BNSS truly enhances police accountability and victim protection.

References:

1. Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1
2. Satvinder Kaur v. State, 1999 SCC (8) 728
3. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
4. Bharatiya Nagarik Suraksha Sanhita, 2023
5. Code of Criminal Procedure, 1973

This analysis provides a balanced view of the evolution of FIR registration laws in India, ensuring clarity for legal practitioners, students, and citizens alike.

Frequently Asked Questions (FAQs)

1. What is the key difference between FIR registration under CrPC and BNSS?The primary difference is that Section 173 BNSS introduces digital FIR registration, allows preliminary enquiries for minor offenses (punishable by <3 years), and mandates acknowledgment receipts. Under Section 154 CrPC, FIRs were only oral/written, and preliminary enquiries were limited (per Lalita Kumari judgment).
    
2. Can an FIR be filed online under the BNSS?Yes. Section 173 BNSS explicitly permits electronic FIR registration, eliminating the need for physical presence at a police station.
    
3. When can police conduct a preliminary enquiry before registering an FIR under BNSS?Only for offenses punishable with less than 3 years’ imprisonment (e.g., minor assault, petty theft). For serious crimes (rape, murder, etc.), FIR registration remains mandatory without delay.
    
4. What is a “Zero FIR,” and how does BNSS handle it?A Zero FIR allows complaints to be filed at any police station, regardless of jurisdiction. While courts recognized it under CrPC (Satvinder Kaur case), the BNSS explicitly codifies this provision to reduce jurisdictional delays.
    
5. What if police refuse to register an FIR under BNSS?Like CrPC, the informant can:
   • Approach the Superintendent of Police (SP) under Section 173(3) BNSS.
   • File a complaint before a Magistrate under Section 176 BNSS (equivalent to CrPC’s Section 156(3)).
6. Is an acknowledgment receipt compulsory under BNSS?Yes. Police must issue an acknowledgment (physical or digital) for every complaint, ensuring transparency and accountability.
    
7. Does BNSS weaken mandatory FIR registration (per Lalita Kumari)?No. The BNSS retains the Lalita Kumari principle but adds exceptions for minor offenses. For cognizable offenses (e.g., rape, murder), FIR registration remains immediate and mandatory.
    
8. How does BNSS improve timelines for investigations?The BNSS imposes stricter deadlines for:
   • Completing preliminary enquiries (14 days).
   • Wrapping up investigations (varies by offense severity).
9. Can rural areas with poor internet access file e-FIRs?While BNSS promotes digital complaints, oral/written complaints remain valid. Challenges in rural areas may require policy interventions (e.g., mobile FIR units).
    
10. Will BNSS reduce false FIRs?Potentially. By allowing preliminary enquiries for minor offences, it may curb frivolous complaints. However, critics worry it could also delay justice in genuine cases.

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