ASSIGNMENT
TOPIC:
Information in Cognizable Cases (Section 173)
SUBJECT: The Bharatiya Nagarik Suraksha
Sanhita, 2023
SUBMITTED BY: SHARAFAT ALI
ENROLLMENT NO: 2107-cukmr-41
SEMESTER: 7th
SUBMITTED TO:
Mr.M. Yousuf
TABLE OF CONTENTS
Introduction……………………………………………………….……..1
What is a Cognizable Offence?………………………………………….2
Information under Section 173 of the BNSS..…………….…………….3
Special Provisions for Women and Disabled Persons…………………..4
Preliminary Enquiry………………………………………..……………5
Addressing Complaints Against Police Officers..……………..………..6
Contents of FIR…………………………………………………………6
Object and importance of FIR………………………………………..…7
Evidentiary value of FIR………………………………………..………7
Delay in lodging FIR………………………………………..…………..8
When is delay of lodging FIR not fatal..…………….…………...…….12
Conclusion……………………………………………….….…………13
References………………………………………..…………………….14
INTRODUCTION:
The section 173 of the Bharatiya Nagarik Suraksha Sanhita,2023 (hereinafter
referred to as “BNSS”) outlines the procedures for reporting and recording
information related to cognizable offenses. It specifies how information can be
given orally, electronically, or in writing to the police, and sets out special
provisions for vulnerable groups, such as women and those with disabilities. The
section also discusses the rights of informants to receive copies of their
statements and the conditions under which a preliminary inquiry may be
conducted. Additionally, it provides a remedy for those aggrieved by a refusal to
record information, allowing them to approach higher authorities or a
Magistrate for redress.
Police can start with the investigation procedure once it receives information as
to the commission of a cognizable offence. Information of a cognizable offence
can reach the Police through three channels:
• First Information Report ( hereinafter referred to as “F.I.R.”) •
Credible information, and
• Personal knowledge.
Out of these three channels, information by way of F.I.R. is the most common
channel. A First information report (FIR) means the information, by whomsoever
given, to the officer in charge of a police station, in relation to the commission of
a cognizable offence. The FIR marks the beginning of the journey of
investigation that is to be performed by the police officers.
In the case of T. T. Antony vs. State of Kerala & Ors,1 it was held that “
Information given under sub-section (1) of Section 154 of Cr.P.C., 2 is commonly
known as the First Information Report (FIR), though this term is not used in the
Code and as its nickname suggests, it is the earliest and the first information of a
cognizable offence recorded by an officer in charge of a police station”.
1
2001 6 SCC 181
2
Corresponding section 173 (1) of BNSS, 2023.
In the State of Rajasthan v. Shiv Singh,1 the Rajasthan High Court had
defined a First Information Report as “the statement of the maker of the report
at a police station before a police officer recorded in the manner provided by the
provisions of the Code.”
1 AIR 1962 Raj 3.
1
What is a Cognizable Offence?
Before understanding Section 173, it’s important to know what a cognizable
offence is. These are serious crimes where the police have the power in
accordance with the First Schedule of the BNSS to arrest someone without a
warrant and start an investigation on their own, without needing permission
from a magistrate. Examples of cognizable offences include crimes like murder,
robbery, and sexual assault. Because these crimes are so serious, the police need
to act quickly to protect victims and collect evidence.
❖ Information under Section 173 of the BNSS
According to Section 173 BNSS, any information related to a cognizable offence,
irrespective of the area can be communicated to a police officer. This can be
done in two main ways:
➢ Orally: If a person chooses to report a cognizable offence orally, the
officer in charge of the police station or under his direction shall reduce
this information to writing and same must be read over to the Informant. It
is important for the informant to sign this document.
➢ Electronic Communication (E-FIR): Information can also be
reported through electronic means, such as emails or messaging apps. In
such cases, the police officer must record the information. The informant
must then sign the record within three days. The police officer is required
to maintain a formal record of this information in a book, which will follow
guidelines set by the state government.
It was held in the case of State of Haryana v. Ch. Bhajan Lal ,4 that when
any information disclosing a cognizable offence is laid before the officer-
incharge of a police station, he has no option but to register the case on the
basis tharge of cryptic and anonymous, telephone message which did not clearly
specaily cognizable offence cannot be treated as a First Information Report.
2 Cr. L.J. 527 (S.C.).
2
A message sent by telephone to the police officer and recorded by him in his
station diary which discloses an information regarding a cognizable offence
amounts to first information report.3
➢ Zero FIR: Zero FIR (First Information Report) is a concept introduced to
ensure that a cognizable offence can be reported and registered at any
police station, regardless of the jurisdiction where the incident occurred.
The police station where the report is filed then registers the case with a
temporary number, known as a Zero FIR, Subsequently, the case is
transferred to the police station, which has jurisdiction over the area
where the offence took place. The idea behind Zero FIR is to facilitate the
prompt registration of a complaint without any delay, especially in cases
where immediate intervention is required. BNSS 2023 has now given a
statutory mandate for zero FIR under Section 173 (1). The provision of a
Zero FIR is also supported by various judgments of the Supreme Court and
High Courts.
In Satvinder Kaur vs State,4 the Delhi High Court held that a woman
has the right to lodge her complaint from any place other than where the
incident occurred.
In the case of State of AP vs. Punati Ramulu and Ors.,7 the
Supreme Court held that the constable should have recorded information
about the cognizable offence and forwarded it to the police
station responsible for the area where the crime was allegedly committed,
despite any territorial jurisdictional limitations.
❖ Special Provisions for Women and Disabled Persons
o Women: If the information is provided by a woman against whom an offence has
been committed or attempted under Section 64, Section 65, Section 66, Section 67,
Section 68, Section 69, Section 70, Section 71, Section 74, Section 75, Section 76,
Section 77, Section 78, Section 79 or Section 124 of the Bharatiya Nyaya Sanhita,
2023, then such information must be recorded by a woman police officer or any
authorized woman officer.
3 Shyam Deogharia v. State, (1953) 33 Pat 122
4 AIR 1999 SUPREME COURT 3596 7
1993 Cr. L.J. 3684 (SC).
3
o Disabled Person: If the complainant against whom offence have been committed or
attempted under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69,
Section 70, Section 71, Section 74,
Section 75, Section 76, Section 77, Section 78, Section 79 or Section 124 of the
Bharatiya Nyaya Sanhita, 2023, is temporarily or permanently mentally or physically
disabled, the police officer must record the information at the person’s residence or a
location of their choice. This process should also involve an interpreter or a special
educator to ensure clear communication.
▪ Additionally, the entire recording process must be
videographed to maintain transparency and accountability.
▪ The police officer must ensure that the person’s statement is
promptly recorded by a magistrate as per the provisions of
clause (a) of sub- section (6) of Section 183.
➢ Section 173 of BNSS ensures that once the information is recorded, the
police are obligated to provide a free copy of the recorded statement to
the informant or the victim. This provision empowers victims by keeping
them informed about their complaints. Section 173(2) of the BNSS
expands this provision to include both the victim and the informant.
❖ Preliminary Enquiry
When the police receive information relating to commission of cognizable
offence which is made punishable for 3 years of more but less than 7 years
imprisonment, the officer in charge of the police station may with the prior
approval from an officer not below the rank of Deputy Superintendent of
Police (DSP), considering the nature and gravity of the offence:
▪ Conduct a Preliminary Inquiry: Within a period of 14 days, the
officer in charge can conduct a preliminary inquiry to determine
whether there is a prima facie case to proceed with an investigation.
This step helps ensure that resources are used efficiently and that only
valid complaints are pursued.
▪ Proceed with Investigation: If a prima facie case is established,
the officer can move forward with a full investigation without additional
delay. This is crucial for gathering evidence and ensuring justice for the
victim.
4
o Lalita Kumari v. Government of Uttar Pradesh8
It was held that the lodging of an FIR is mandatory under Section 154 of
CrPC, if it discloses the commission of a cognizable offence, and in such a
case, no preliminary inquiry is permissible. But if the information does not
disclose a cognizable offence and indicates the necessity of an enquiry,
then a preliminary enquiry may be conducted only to ascertain whether
the offence committeed is a cognizable offence or not.
8
2013 AIR SCW 6386
❖ Addressing Complaints Against Police Officers
If a police officer refuses to record the information of aggrieved person, then such person may send the
details of the information in writing to the Superintendent of Police (SP) through registered post. If the
SP is satisfied that the information discloses the commission of a cognizable offence, then he shall
either investigate the case himself or direct a subordinate police officer to conduct the investigation.
Such police officer shall have the same powers of an officer in charge of the police in relation to that
offence.
If no record is registered despite the Superintendent of Police’s intervention.
Then the BNSS allows for the option to make an application to the Magistrate.
In the case of Rayani v. State,9 it was held that First information report need
not contain each and every minute incident that occurred either prior to or
subsequent to an offence.
❖ Contents of an FIR
The contents of an FIR are:
• FIR contains the name and address of the police station in which it has been
lodged.
• Date and time of registration of the FIR
• Date, time, and place of occurrence of the offence.
• Details of complainant/informant.
• Details of known/suspected/unknown accused.
5
• Contents of the information.
• Action taken thereupon.
9
1994 Cr. L.J. 78 (AP).
❖ Object and importance of FIR
▪ The main objective of filing F.I.R. is to set the criminal law in motion. 5
▪ It is a statement made soon after the occurrence, hence, the memory of
the informant is fresh and it is also unlikely that he had opportunities of
fabrication.6
▪ It enables the police officer to start the investigation of the crime
committed and collect all the possible pieces of evidence as soon as
possible.
▪ It is important to ascertain Veracity of truth.
▪ It helps the accused to defend & to protect his rights.
▪ Also to safeguard & protect the accused against subsequent additions or
variations.
▪ There are less chances of alteration or modification in statement after the
lodgment of FIR.
▪ FIR is not a proof of the case but a piece of evidence which could be used
for corroborating the case of prosecution.
❖ Evidentiary value of FIR
First information report ( FIR) is not considered as a substantive piece of
evidence, that is to say, it is not evidence of the facts which it mentions. 7
o The main reasons why FIR does not have any substantive
evidentiary value:
5 Habib v State of Bihar. 2008 (2) JCR 243 (Jhr).Sheikh Hasib Alias Tabarak v. State of Bihar, AIR 1972 SC
283.
6 Kachu Gogoi v. The State, AIR 1951 Assam 151
7 State of Assam v. U.N. Rajkhowa, 1972 Cr.L.J. 354.
6
1. Because the statements in the FIR are not made on oath.
2. Because the statements in the FIR are not made during the trial or at the
time of proceedings.
3. Because the statements recorded in FIR has no cross-examination in the
Court.
4. Because the statements recorded by the police officers are not admissible
in court.
o The reasons why FIR is treated as an important piece of
evidence:
1. In, Ram Chandra V. State of Haryana,13 the Supreme Court
observed that the contents and information of the FIR can only be used for
the purpose of contradiction & corroboration the facts stated by the
informer or of any other witness.
2. It can be used to cross examine and contradict the informant at the trial
stage.
3. It can also be used to impeach the credibility of the informant.
4. It can be used to refresh memory by the informant/witness.
5. For the purpose of ascertaining the general facts like the identity of
accused, witnesses, time of offenses etc.
In, Pandurang Chandrakant Mhatre v. State of Maharashtra,14 it
was seen that ‘it is fairly well settled that FIR is not a substantive piece of
evidence and it can be used only to impeach the creditworthiness of the
testimony recorded by the maker and it cannot be used for the purpose of
contradicting or discrediting the testimony of other witnesses’.
7
Delay in lodging FIR
The purpose of filing an F.I.R. to the police as soon as possible in respect of
commission of cognizable offence is to receive fresh and accurate details about
the offence. The FIR shall have better corroborative value if it is recorded and
taken before the informant’s memory fades and before he starts
13
AIR 1981 SUPREME COURT 1036 14 2010 AIR SCW 236
to forget the facts. An unreasonable or unexplained delay in filing the F.I.R. can
raise doubts about the truthfulness of the case and may suggest the story was
fabricated, and raise suspicions about the integrity of the evidence, weakening
the prosecution’s credibility. However, delay in giving first information can be
condoned if there is satisfactory explanation.8
In the case of Bathula Nagamalleswara Rao & Ors. V. State Rep. By
Public Prosecutor,9 the Supreme Court declared that a reasonable delay in
filing a FIR is not fatal. Excessive postponement in filing a First Information
Report is always looked with a certain amount of suspicion, and should as far as
possible be avoided.
In the case of Amar Singh v. Balwinder Singh,10 the Hon’ble Supreme
Court held that, “There is no hard and fast rule that any delay in lodging the FIR
would automatically render the prosecution case doubtful. It necessarily depends
on facts and circumstances of each case.”
Delay in lodging F.I.R. can be under following three categories:
➢ Delay by an informant in lodging F.I.R.
➢ Delay in recording the F.I.R. by the officer in charge of the police station.
➢ Delay in dispatching the F.I.R. to the magistrate.
I. Delay by informant
8 Apren Jospeh v. State of Kerala, A.I.R. 1973 S.C. 1; Saktu v. State of U.P., ALR 1973 S.C. 760; Lalai v.
State of U.P., A.L.R. 1974 S.C. 2118; Jamkhokhai Kuki v. State, ALR 1968 Manipur 7
9 2008(2) CRIMES 188 (SC)
10 AIR 2003 SC 1164
8
There is no specific time limit set by the legislature or judiciary for reporting a
crime or giving information of crime to the police. However, it is observed that
An FIR should be filed within a reasonable period. The determination of what
constitutes a “reasonable time” is left to the discretion of the judge in
each individual case. The law demands a reasonable explanation for the delay
caused in registering the F.I.R., whether it was on the part of the informant or
the part of the police.
In the case of State of Rajasthan v. Om Prakash,11 the Supreme Court
noted that there was delay of nearly twenty six hours in lodging the FIR. But this
did not harm the prosecution’s case as the case related to rape of a minor and in
such case the name and status of the family and career and life of the victim was
involved.
In Raghbir Singh v. The State of Haryana, 1213 the Court held that the
delay in filing the FIR was justified because the priority was to rush the victim to
the hospital to save their life, rather than reporting to the police first.
II. Delay by Police
Under Section 173 of the BNSS, when a police officer receives information about
a cognizable offense, they are required to register a case. At this stage, the
officer cannot investigate whether the information is reliable or genuine. The
only duty of the officer is to record the information and register the case, as long
as it meets the requirements of Section 173(1) of the BNSS. In other words, if
the information points to a cognizable offense, the police must register the case
and cannot refuse to do so based on doubts about the reliability of the
information.
In State of AP v. Punati Ramulu,20 the Supreme Court criticized the police for
not registering the FIR immediately after learning about a cognizable offense.
The Court noted that this delay could suggest a compromised or biased
investigation, making the findings unreliable. The Court emphasized that an FIR
must be registered before any investigation is carried out, as per the law.
11 AIR 2002 SC 2235.
12 AIR 1980 SUPREME COURT 1087.
13 Supp (1) SCC 590
9
When an officer in charge refuses to file an FIR, it often prevents the case from
reaching court, allowing the criminal to escape justice. This refusal constitutes a
breach of duty on the officer’s part.
In the case Lalita Kumari v. State of UP,14 the Supreme Court has stated that if there is any
information suggesting a cognizable offense, the officer must file an FIR without conducting a
preliminary enquiry. The Court emphasized that a preliminary enquiry is meant to confirm if a
cognizable offense exists, not to verify the truth of the information.
III. Delay in dispatching it to the Magistrate
After lodging of FIR, the involved Police Officer is required under the Law to direct a copy of the FIR
to the concerned Magistrate. In Appukutan v. State, the Supreme Court emphasized the importance of
filing an immediate FIR and reporting it to the magistrate promptly. This practice aims to prevent
embellishments and ensure that the magistrate is kept informed during the inquiry. If there an
unreasonable delay It may suggest that the FIR was not recorded at the time stated, raising concerns
about potential manipulation or embellishment of facts.
The Supreme Court observed that a mere delay in forwarding the FIR to the jurisdictional magistrate
would not be fatal to the prosecution's case unless it is shown by the accused that the delay had caused
prejudice to his case.15
The FIR must be forwarded to the magistrate “forthwith,” as delays can weaken
the prosecution’s case.
In Friday v. By Advs. Sri. M.R. Sarin,16 the Supreme Court clarified that
the term “forthwith” in Section 176(1) of BNSS mandates that the concerned
police officer must send the FIR promptly. This underscores the importance of
timely reporting in the legal process.
In Alla China Appa Rao and Others v. State of A.P. ,24 the Supreme Court
stated that “forthwith” means “within a reasonable time” and “without
unreasonable delay.
❖ When is delay of lodging FIR not fatal:
14 AIR 2014 SUPREME COURT 187
15 State of Rajasthan v. Daud Khan (2016)
16 [Link]. 78 Of 200
10
a) Delay in cases of sexual assaults: Delay in lodging of F.I.R. in case of
sexual assaults cannot be equated with the Case involving other offences.
In the case of State of Rajasthan v. Om Prakash,25 a child was raped.
The court recognized that it was natural for the victim’s brother to wait for
family members before reporting, as the family’s reputation and the girl’s
future were at stake.
b) Fatal injuries to the victim: When any victim gets seriously injured
and needs immediate medical care, then the first interest of the family
members of such a person is to save the life of the victim. In such a case, if
there is delay in the lodging of the F.I.R., it would not put any adverse
presumption on the prosecution case.
In Bhajan Singh v. State of Haryana,26 the father first took his gravely
injured son to the hospital and later filed the FIR, and the court found this delay
to be satisfactorily explained.
c) Cases of mental shock: In cases where a person witnesses a traumatic
crime, they may experience mental shock. In such a situation also there
can be a delay in lodging of F.I.R.
In Raja Gounder v. State of Tamil Nadu, the accused killed his brother in
front of his wife, the only eyewitness. In her distress, she first informed her
parents in a distant village before going to the police. The court deemed the 13-
hour delay in filing the FIR understandable given her traumatic experience.
24
2002 AIR SCW 4290; 2002 (8) JT (SC) 167 25 AIR 2002 SC 2235.
26
AIR 2011 SUPREME COURT 2552
CONCLUSION:
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, plays a crucial
role in the legal framework for reporting and investigating cognizable offenses.
It ensures that information regarding such offenses is recorded in various ways
—oral, electronic, or written— and that vulnerable groups, including women and
persons with disabilities, are given special attention. The provision of Zero FIR
facilitates prompt reporting, regardless of jurisdiction, and guarantees victims’
rights to be informed of their statements. While the FIR is essential for initiating
11
investigations, delays in lodging it can sometimes be justified, particularly in
cases of trauma or injury. The law emphasizes transparency, timely action, and
the protection of rights, ensuring that justice is both effective and equitable.
REFERENCE:
1. BOOKS & JOURNALS
➢ The Code of Criminal Procedure, 1973 by S.N. MISHRA
➢ TAKWANI Criminal Procedure ( Justice CK Thakker & Mrs MC Thakker)
12
➢ Gandhi, Mahak, “First Information Report (FIR) under CrPC”, Law Times
Journal, available at [Link]
under-crpc/
➢ Singh, Shailja, “What is a First Information
Report?”, available at [Link]
information-report-everything-important-you-should-
➢ What is First Information Report (FIR), available at
[Link]
➢ Apurva Rathee, “Evidentiary value of First
Information Report (F.I.R.)”
[Link]
first- information-report-f-i-r/
➢ [Link]
[Link]
2. Class Notes, Advocate Tabassum Rasool, BNSS 2023
3. OTHER WEBSITES:
➢ [Link]
suraksha-sahita/
➢ [Link]
➢ [Link]
nagariksuraksha-sanhita-bnss-2023
➢ [Link]
➢ [Link]
suraksha-sanhita/first-information-report-
➢ [Link]
[Link]
4. DATA BASES:
➢ [Link]
➢ [Link]
➢ [Link]
➢ [Link]
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