FIR vs Zero FIR vs e-FIR (BNSS 2023): Difference & Section 173
A complete, updated guide to FIR, Zero FIR and e-FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — their meaning, difference, and the new Section 173 procedure — plus cognisable vs non-cognisable offences and the full BNS / BNSS / BSA section-mapping. UPSC asked Zero FIR in Prelims 2026, making this a must-know current-affairs topic.
A First Information Report (FIR) is the first step that sets the criminal justice system in motion. With India's shift to the new criminal laws in 2024, the way an FIR is registered has changed — and two citizen-friendly concepts, the Zero FIR and the e-FIR, now have clear statutory backing under Section 173 of the BNSS, 2023. This guide explains all three, their differences with worked examples, and the full BNS/BNSS/BSA mapping — a high-value topic after UPSC directly asked Zero FIR in Prelims 2026.
Since 1 July 2024, the three colonial-era criminal laws have been replaced. FIR registration for a cognisable offence, earlier under Section 154 CrPC, is now under Section 173 of the BNSS, 2023. Any material still citing "Section 154 CrPC" is outdated. This article uses the current BNSS provisions.
The New Criminal Laws: BNS, BNSS & BSA (Section Mapping)
On 1 July 2024, three new laws replaced the colonial-era codes. This is the single most important "mapping" for Prelims:
| New Law (2023) | Replaced (Old Law) | Deals With | Structure |
|---|---|---|---|
| Bharatiya Nyaya Sanhita (BNS) | Indian Penal Code (IPC), 1860 | Substantive law — defines offences & punishments | 358 sections |
| Bharatiya Nagarik Suraksha Sanhita (BNSS) | Code of Criminal Procedure (CrPC), 1973 | Procedural law — FIR, arrest, bail, trial | 531 sections |
| Bharatiya Sakshya Adhiniyam (BSA) | Indian Evidence Act, 1872 | Law of evidence — what is admissible in court | 170 sections |
BNS = "what is a crime" (offences), BNSS = "what is the procedure" (FIR to trial), BSA = "what is the proof" (evidence). FIR lives in the BNSS (procedure).
Key FIR-Related Sections Under BNSS (Old vs New)
| BNSS (New) | CrPC (Old) | Provision |
|---|---|---|
| Section 173 | Section 154 | FIR in a cognisable offence (includes Zero FIR & e-FIR) |
| Section 174 | Section 155 | Information in a non-cognisable offence (needs Magistrate's order) |
| Section 175 | Section 156 | Police power to investigate; Magistrate's power to order investigation |
| Section 176 | Section 157 | Procedure for investigation |
| Section 193 | Section 173 | Police report / charge sheet on completion of investigation |
What is an FIR (First Information Report)?
An FIR is a written document prepared by the police on receiving information about the commission of a cognisable offence. It is the first information in point of time, and it sets the investigation in motion. Interestingly, the term "FIR" is not formally defined in the BNSS — the concept is embodied in Section 173.
Key Features of an FIR (Section 173 BNSS)
- It is filed for a cognisable offence (where police can act without a Magistrate's order).
- Information may be given orally or by electronic communication; if oral, it must be written down and read over to the informant.
- Anyone with information can lodge it — the informant need not be the victim or an eyewitness.
- A copy of the FIR must be given free of cost to the informant and the victim (BNSS widened this — CrPC gave it only to the informant).
- Registration is mandatory if the information discloses a cognisable offence (Lalita Kumari v. State of U.P., 2014).
What is a Zero FIR?
A Zero FIR is an FIR that can be registered at any police station, irrespective of the jurisdiction where the offence was actually committed. It is numbered "zero" (instead of a serial number) and is later transferred to the police station that has proper jurisdiction, which then registers a regular, numbered FIR and investigates.
A woman is assaulted while travelling on a train and gets down at Bengaluru, though the crime occurred near Chennai. She can walk into any police station in Bengaluru and register a Zero FIR immediately — the police cannot turn her away saying "wrong jurisdiction." The Bengaluru police register it as Zero FIR and transfer it to the jurisdictional Chennai police station. This saves precious time in serious crimes.
Origin & Statutory Recognition
- The concept traces to the Justice Verma Committee (2013), set up after the 2012 Delhi gang-rape case, which urged that no police station turn away a victim on jurisdiction grounds.
- A 2015 MHA advisory recommended Zero FIRs, especially for crimes against women.
- Earlier only a judicially-evolved practice, Zero FIR now has statutory recognition for the first time — written into Section 173(1) BNSS via the words "irrespective of the area where the offence is committed."
What is an e-FIR (Electronic FIR)?
An e-FIR allows a person to report a cognisable offence electronically — online or by electronic communication — rather than physically visiting a police station. Section 173(1) BNSS expressly permits information "by electronic communication."
When an FIR is lodged through electronic communication, it is taken on record only after the informant signs it within three days. This signature requirement prevents anonymous or fake complaints while still enabling digital, contactless reporting.
A person whose phone and documents are stolen can file an e-FIR online through the state police portal without standing in a queue at the station — then simply visit within 3 days to sign it, after which it is formally recorded.
FIR vs Zero FIR vs e-FIR — The Difference
| Basis | Regular FIR | Zero FIR | e-FIR |
|---|---|---|---|
| Jurisdiction | Only the police station where the crime occurred | Any police station, regardless of location | Filed online; routed to the right station |
| Number | Regular serial number | Numbered "zero", then transferred | Serial number once recorded |
| Mode | In person (oral/written) | In person, at any station | Electronic / online |
| Key point | Standard first report | Removes the jurisdiction barrier | Needs signature within 3 days |
| Applies to | Cognisable offences | Cognisable offences | Cognisable offences |
Zero FIR and e-FIR are not separate "types" of crime — they are flexible ways of registering the same FIR. A single FIR can be both a Zero FIR (filed outside jurisdiction) and an e-FIR (filed electronically). All three apply only to cognisable offences.
Cognisable vs Non-Cognisable Offences (The Foundation)
FIRs (including Zero and e-FIR) apply only to cognisable offences. This distinction decides whether the police can act on their own — so it is essential to understand.
- Police can arrest WITHOUT warrant
- Can register FIR & investigate without a Magistrate's order
- Usually serious offences
- Examples: murder, rape, dowry death, kidnapping, theft, robbery
- Police CANNOT arrest without warrant
- Need Magistrate's order to investigate
- Usually less serious offences
- Examples: defamation, public nuisance, simple hurt, cheating (minor)
For a non-cognisable offence (Section 174 BNSS), the police record the information in a register, refer the informant to the Magistrate, and can investigate only with the Magistrate's order — no FIR (and hence no Zero/e-FIR) is registered. A new BNSS accountability measure: the officer must forward the daily-diary report of such cases to the Magistrate fortnightly.
New Under BNSS: Preliminary Enquiry (Section 173(3))
A genuinely new feature: for a cognisable offence punishable with 3 years or more but less than 7 years, the officer-in-charge may — with the prior permission of an officer not below the rank of Deputy Superintendent of Police (DySP) — either:
- Conduct a preliminary enquiry (to be completed within 14 days) to check whether a prima facie case exists; or
- Proceed directly with the investigation where a prima facie case exists.
This is not a backdoor to refuse registering a complaint — it applies only to this specific 3–7-year punishment bracket, consistent with Lalita Kumari v. State of U.P.
What If the Police Refuse to Register an FIR?
BNSS builds in an escalation ladder:
- Section 173(4): If the Station House Officer refuses, the complainant may send the information in writing to the Superintendent of Police (SP), who must investigate (or direct an investigation) if a cognisable offence is disclosed.
- Section 175(3): The complainant may approach the Magistrate, who can order an investigation after considering the police officer's submission.
- Recent Supreme Court guidance (2025): Courts have reiterated that a complainant should ordinarily first exhaust the two-tier police remedy (SHO, then SP) before approaching the Magistrate.
- Lalita Kumari v. State of U.P. (2014): FIR registration is mandatory if information discloses a cognisable offence; preliminary enquiry only in limited categories.
- State of A.P. v. Punati Ramulu: Police cannot refuse to record information citing lack of jurisdiction — the basis of Zero FIR.
- Justice Verma Committee (2013): Recommended Zero FIR after the 2012 Delhi case.
- FIR = cognisable offence, Section 173 BNSS (old Sec 154 CrPC). Non-cognisable = Section 174.
- Zero FIR = any station, irrespective of jurisdiction; now statutory under Sec 173(1). e-FIR = electronic; sign within 3 days.
- Preliminary enquiry (Sec 173(3)): offences of 3–7 years; DySP permission; 14-day limit.
- Copy of FIR free of cost to both informant and victim (widened by BNSS).
- BNS ↔ IPC, BNSS ↔ CrPC, BSA ↔ Evidence Act — in force 1 July 2024.
This article is for exam preparation and general awareness. For any specific legal situation, rely on the official text of the BNSS, 2023 and consult a qualified legal practitioner.
Key Takeaways
- FIR is registered under Section 173 of the BNSS, 2023 (old Section 154 CrPC) for cognisable offences; in force since 1 July 2024.
- Zero FIR can be filed at any police station regardless of jurisdiction — now statutory for the first time (Justice Verma Committee origin).
- e-FIR allows electronic reporting, but must be signed within 3 days to be recorded.
- All three apply only to cognisable offences; non-cognisable offences fall under Section 174 and need a Magistrate's order.
- Remember the mapping: BNS ↔ IPC, BNSS ↔ CrPC, BSA ↔ Evidence Act — UPSC asked Zero FIR in Prelims 2026.
