How do I file an FIR (and what if police refuse)?

By the India Law Simplified editorial team · Verified against the bare Acts & official portals · Updated 2026-07-28 · ~5 min read

⚡ Quick answer

To file an FIR, go to the police station that has jurisdiction and give the information about a cognizable offence — orally or in writing. The officer must write it down, read it back to you, and give you a free copy (Section 173 BNSS). If the police refuse, send your complaint in writing to the Superintendent of Police, or approach a Magistrate under Section 175(3) BNSS, who can order the police to register and investigate.

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An FIR (First Information Report) is the document that officially sets the criminal justice process in motion. If you are the victim of a crime — theft, assault, fraud, harassment — getting an FIR registered correctly and on time is the most important first step. This guide explains who can file an FIR, the exact procedure under the new BNSS 2023, what a Zero-FIR is, your right to a free copy, and what to do if the police refuse to register it.

1What is an FIR and when is it filed

An FIR is the first written record the police make when they receive information about a cognizable offence — a serious crime (such as theft, assault, cheating or rape) where the police can arrest without a warrant and start investigating without a Magistrate's permission.

For non-cognizable offences (minor matters), the police record the information in a separate register, and you usually need a Magistrate's order before they can investigate.

⚠️ ImportantAn FIR is not a judgment of guilt. It simply records the allegation so an investigation can begin. Anyone named in it is still presumed innocent.

2Who can file an FIR

You do not have to be the victim to file an FIR. It can be lodged by:

The victim of the offence
Any person who knows about or witnessed the offence
A police officer who comes to know of a cognizable offence
A relative or someone acting on the victim's behalf

3Step by step: how to file an FIR

Under Section 173 of the BNSS 2023, the procedure is:

Go to the police station that has jurisdiction over where the offence happened (or any station, for a Zero-FIR).
Give the information orally or in writing — if oral, the officer must write it down.
The officer reads the recorded information back to you to confirm it is correct.
You sign the FIR once you are satisfied it is accurate.
You receive a free copy of the FIR immediately.

✅ TipRead the FIR carefully before signing, and insist on your free copy. Note the FIR number — you'll need it for every follow-up, for bail matters, and for insurance claims.

4What is a Zero-FIR

If the crime did not happen in that police station's area, they still cannot turn you away. They must register a 'Zero-FIR' (numbered zero) and transfer it to the correct station with jurisdiction. This rule exists so victims are never refused over jurisdiction — crucial in serious offences where every hour matters.

💡 ExamplePriya's phone is snatched while she is travelling and she isn't sure which police station's area it happened in. She walks into the nearest station, which registers a Zero-FIR and forwards it to the station with jurisdiction — she did not have to hunt for the 'right' station first.

5If the police refuse to register your FIR

The police are legally bound to register an FIR for a cognizable offence. If they refuse, you have a clear escalation path:

Send your complaint in writing, by registered post, to the Superintendent of Police (SP) under Section 173(4) BNSS — if satisfied, the SP will order registration.
If that fails, file a complaint before the Judicial Magistrate under Section 175(3) BNSS, who can direct the police to register the FIR and investigate.
You can also use your state police's online complaint portal, and complain to the State Human Rights Commission in serious cases.

Key takeaways

An FIR is filed for cognizable (serious) offences and starts the police investigation.
Under Section 173 BNSS, the officer must record your information, read it back, and give you a free copy.
A Zero-FIR can be registered at any police station regardless of where the crime happened.
If police refuse, escalate in writing to the SP (§ 173(4)) or to a Magistrate under Section 175(3) BNSS.
Note the FIR number — you'll need it for bail, follow-ups and insurance claims.

Frequently asked questions

Can I file an FIR online?

Many states allow online FIRs or e-complaints for offences like theft, lost documents and cyber crime (via cybercrime.gov.in). Serious cognizable offences usually still need an in-person FIR, but you can start the complaint online and follow up at the station.

Is there a time limit to file an FIR?

There is no strict deadline, and delay does not by itself invalidate an FIR — but you should be able to explain any delay, since an unexplained gap can weaken the case. File as soon as you reasonably can.

What is the difference between an FIR and a complaint?

An FIR is registered by the police for a cognizable offence and triggers their investigation. A 'complaint' is made directly to a Magistrate, who can then take cognizance or order the police to investigate.

Can an FIR be cancelled or withdrawn?

You can't simply withdraw an FIR. In compoundable (less serious) offences the parties can settle and the court can close it. Otherwise, only the High Court can quash an FIR using its inherent powers under Section 528 BNSS, usually where continuing would be an abuse of process.