Introduction
A First Information Report (FIR) is the earliest information recorded by the police regarding the commission of a cognisable offence. It marks the commencement of the criminal justice process and authorises the police to investigate the offence without prior permission from a magistrate.
The law relating to the registration of FIRs is contained in Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces Section 154 of the Code of Criminal Procedure, 1973. Under Section 173, information relating to a cognisable offence may be given orally, in writing, or through electronic communication, irrespective of the place where the offence occurred. The information must be recorded, read over to the informant where applicable, signed by the informant, and a free copy supplied without delay.
Although the BNSS does not formally classify FIRs into different categories, judicial pronouncements and established police practice recognise several types based on the mode of registration, territorial jurisdiction, source of information, and special circumstances. Knowledge of these categories is essential for police officers, prosecutors, judicial officers, lawyers, and students of criminal law.
Types of FIR
1. Regular FIR (Written or Oral)
Under Indian criminal procedure, a First Information Report (FIR) may be conveyed orally or in writing; if oral, the officer in charge must reduce it to writing, read it back, and secure the informant’s signature or thumb impression.
Once recorded and entered in the station diary, it becomes a regular FIR under Section 173 BNSS, 2023 (formerly Section 154 CrPC), registered by the police station with territorial jurisdiction over the cognisable offence. This regular FIR remains the most common form of FIR in practice.
2. Zero FIR
A zero FIR is an FIR registered by any police station, irrespective of its territorial jurisdiction. After registration, it is transferred to the police station having jurisdiction for investigation.
Zero FIR ensures that urgent complaints, particularly those involving serious offences against women and children, are registered immediately without delay.
3. Electronic FIR (E-FIR)
An E-FIR is lodged through electronic means such as online portals, mobile applications, e-mail, or other digital platforms recognised under Section 173 BNSS. It enhances accessibility, transparency, and prompt registration, particularly in cybercrime and property-related offences.
4. Telephonic FIR
Information received over the telephone may constitute an FIR if it contains sufficient details of a cognisable offence and is intended to set the criminal law in motion.
A vague or anonymous call merely seeking police assistance ordinarily does not amount to an FIR.
5. Cross (Counter) FIR
A Cross FIR, also known as a Counter FIR, arises when two rival parties involved in the same occurrence lodge separate FIRs against each other.
Each version is investigated independently to ensure fairness and impartiality.
6. Multiple and Successive FIRs
A multiple FIR refers to more than one FIR relating to the same occurrence. As a general rule, the registration of a second FIR by the same informant concerning the same incident is not permissible.
However, a genuine counter-version by the opposite party or a distinct and independent transaction may justify a separate FIR.
7. Anonymous and Pseudonymous FIR
An anonymous FIR is based on information supplied by an unidentified person, whereas a pseudonymous FIR is lodged under a false or fictitious name.
Such information is carefully scrutinised before registration unless it clearly discloses the commission of a cognisable offence.
8. FIR Based on the Source of Information
An FIR may be lodged by the victim, a relative, a friend, a guardian, a witness, a police officer, or any other person having knowledge of the commission of a cognisable offence.
The law does not require that the informant must be the victim. What is important is that the information discloses the commission of a cognisable offence.
9. Delayed FIR
A delayed FIR is one lodged after a lapse of time from the occurrence of the offence.
Delay does not by itself render the FIR invalid. Courts examine whether the delay has been satisfactorily explained, such as by medical treatment, fear, trauma, or other genuine circumstances.
10. FIR Against Unknown Persons
Where the identity of the offender is not immediately known, the FIR may be registered against unknown persons.
Such FIRs are common in cases of murder, robbery, hit-and-run accidents, and other offences where the accused is identified during investigation.
11. FIR in Special Categories of Offences
Certain offences require additional procedural safeguards while recording the FIR.
- Cybercrime FIRs are often registered electronically and involve offences such as online fraud, hacking, phishing, identity theft, and ransomware attacks.
- Sexual offence FIRs must be recorded with due regard to the dignity and privacy of the victim. Wherever required by law, they should be recorded by a woman police officer and in accordance with the provisions of the BNSS and the POCSO Act.
12. False or Malicious FIR
A false or malicious FIR is one based on knowingly false allegations or fabricated facts with the intention of harassing or falsely implicating another person.
However, the mere acquittal of an accused or closure of a case does not automatically establish that the FIR was false or malicious.
Judicial Principles Governing First Information Reports (FIRs)
Mandatory Registration
An FIR must be registered under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) whenever information discloses the commission of a cognisable offence.
A preliminary inquiry before registration is permissible only in limited and exceptional categories of cases, as recognised by the Supreme Court.
Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.
Zero FIR
A Zero FIR may be registered at any police station, irrespective of territorial jurisdiction, and thereafter transferred to the police station having jurisdiction for investigation.
Although the expression “Zero FIR” does not appear in the BNSS, the underlying principle of registration irrespective of jurisdiction is now recognised under Section 173(1) of the BNSS, 2023.
Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1; State of Andhra Pradesh v. Punati Ramulu, AIR 1993 SC 2644.
Second FIR
Ordinarily, a second FIR relating to the same incident or occurrence by the same informant is not maintainable.
However, a counter-complaint by the opposite party or a fresh complaint relating to a distinct and independent transaction is legally permissible.
T.T. Antony v. State of Kerala, (2001) 6 SCC 181; Upkar Singh v. Ved Prakash, (2004) 13 SCC 292.
Delay in Lodging an FIR
Mere delay in lodging an FIR is not, by itself, fatal to the prosecution case, provided the delay is satisfactorily explained.
The effect of such delay depends on the facts and circumstances of each case.
Apren Joseph v. State of Kerala, (1973) 3 SCC 114; State of Himachal Pradesh v. Gian Chand, (2001) 6 SCC 71.
Evidentiary Value of an FIR
An FIR is not substantive evidence. Its principal purpose is to set the criminal law in motion.
It may be used only to corroborate or contradict its maker in accordance with Sections 148 and 160 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Sections 145 and 157 of the Indian Evidence Act, 1872).
Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119; Hasib v. State of Bihar, (1972) 4 SCC 773.
Conclusion
The First Information Report is the foundation of every criminal investigation involving a cognisable offence. The BNSS, 2023, has modernised the law by recognising electronic registration, facilitating Zero FIRs, and strengthening victim-centric procedures.
At the same time, judicial pronouncements continue to guide the registration and investigation of FIRs to ensure fairness, transparency, and accountability.
A sound understanding of the different types of FIRs enables police officers to discharge their duties lawfully, safeguards the rights of victims and accused persons alike, and promotes the effective administration of criminal justice.
The FIR remains the cornerstone of criminal investigation, and the BNSS 2023 modernises its framework while judicial pronouncements ensure that its registration and use uphold fairness, transparency, and the rights of all parties.
