Filing an FIR and the Investigation Process under BNSS, 2023: A Step-by-Step Guide

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Filing an FIR and the Investigation Process under BNSS, 2023: A Step-by-Step Guide

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Criminal Procedure Code (CrPC), aims to make the Indian criminal justice system faster, fairer, and more transparent. One of the most significant aspects of criminal law is the First Information Report (FIR) and the subsequent investigation process.

In this blog, we will explain in simple language how FIRs are filed under BNSS, how investigations proceed, the rights of the accused and the victim, and how the new law improves upon the old system.

📝 1. What is an FIR?

An FIR (First Information Report) is the first step in a criminal case. It is a document prepared by the police when they receive information about the commission of a cognizable offence.

A cognizable offence means a serious crime (like murder, rape, kidnapping, etc.) where the police can arrest without permission from the court.

📜 2. Relevant BNSS Provisions for FIR and Investigation

The following sections of the BNSS deal with FIR and investigation:

  • Section 173 – Information in cognizable cases (FIR)

  • Section 174 – Information in non-cognizable cases

  • Section 175 – Procedure when police do not register FIR

  • Section 176 – Preliminary inquiry

  • Section 179 – Investigation process

  • Section 193 – Powers of police during investigation

  • Section 193-198 – Police powers to arrest, examine, search

  • Section 210 – Completion of investigation and charge sheet

🛑 3. Filing an FIR (Section 173 BNSS)

✅ Who can file:

  • Victim

  • Eyewitness

  • Any person with knowledge of the crime

📍 Where to file:

  • At the nearest police station

  • Police station in the area where the crime occurred

🧾 What happens:

  • The officer must write down the complaint.

  • The complaint is read back to the informant.

  • A copy of the FIR is given to the informant free of cost.

🆕 4. Key Reforms under BNSS in FIR Process

BNSS introduces the following new improvements:

BNSS Reform Explanation
Online FIR Citizens can file FIR electronically
Zero FIR FIR can be filed in any police station, even if the crime happened elsewhere
Mandatory Acknowledgement Police must provide a copy of FIR immediately
Reasoned Refusal If police refuse to file FIR, they must give written reasons
Preliminary Inquiry In some cases (like family disputes), police may conduct a short preliminary inquiry before filing FIR

📉 5. What If Police Refuse to Register FIR? (Section 175 BNSS)

If the officer refuses to file an FIR, the informant can:

  1. Write a complaint to the Superintendent of Police (SP).

  2. File a private complaint before Magistrate under Section 210.

  3. Approach the High Court under Article 226 for directions.

BNSS ensures accountability by making written reasons mandatory for refusal.

🕵️ 6. Investigation Process After FIR (Section 179 BNSS)

Once FIR is registered, the investigation starts immediately. It involves:

  1. Visiting the crime scene

  2. Collecting evidence

  3. Questioning witnesses

  4. Conducting searches and seizures

  5. Arresting suspects (if needed)

BNSS mandates that investigation must be done scientifically and promptly.

🔍 7. Time Limit for Completing Investigation (Section 210 BNSS)

BNSS fixes specific time limits:

  • Investigation must be completed within 60 or 90 days, depending on the severity of the crime.

  • Charge sheet must be filed digitally.

  • Forensic report must be submitted within 14 days in rape cases.

These timelines ensure speedy trial and justice.

🧑‍⚖️ 8. Role of Magistrate in Investigation

  • Magistrates monitor investigation progress.

  • Can direct medical examination, judicial remand, or release on bail.

  • Can also order further investigation if police fail to act fairly.

BNSS provides for court-supervised fair investigation to prevent misuse of power.

🚓 9. Rights of the Accused during Investigation

Even the accused has rights under BNSS:

  • Right not to be tortured or beaten in custody

  • Right to legal representation

  • Right to be informed of grounds of arrest

  • Right to medical examination

  • Right to apply for bail

🧑‍🦽 10. Rights of the Victim

BNSS also strengthens the position of the victim:

  • Right to get a copy of FIR

  • Right to be informed of arrest and bail

  • Right to legal assistance and protection

  • Victim of sexual offences gets privacy and fast-track trial

🛡️ 11. Important BNSS Features for Investigation

Feature Benefit
Digital FIR System Easy filing and tracking
Mandatory Forensic Use Better evidence collection
Body-worn Cameras for Police Transparency
Citizen’s Portal To check case status

📌 12. Case Study: FIR and Investigation in Action

Case: A woman is attacked in her home at night.

  • She calls the police.

  • FIR is registered at local police station under Section 173 BNSS.

  • Police visit the spot, collect evidence, and arrest accused.

  • Woman gets a free copy of FIR.

  • Investigation is completed in 30 days, charge sheet filed online.

➡️ Result: Fair, fast, and transparent investigation.

📷 13. Use of Technology in Investigation

BNSS encourages:

  • CCTV usage at police stations

  • Drone footage in certain investigations

  • Online evidence submission

  • Tracking of accused through digital ID or Aadhaar

🛠️ 14. What is a Charge Sheet? (Section 210)

After completing investigation, the police prepare a charge sheet, which contains:

  • Name of accused

  • List of evidence and witnesses

  • Details of the crime

  • Forensic reports

This is submitted to the Magistrate for trial to begin.

⏱️ 15. Fast-Tracking Serious Cases

BNSS focuses on:

  • Sexual offences to be investigated within 2 months

  • Child-related crimes to be handled with sensitivity

  • Digital monitoring of case status

📢 16. Conclusion: FIR and Investigation under BNSS are Citizen-Friendly

The BNSS, 2023 reforms how FIRs are filed and investigations are conducted. With the use of digital systems, strict time limits, and citizen rights protections, the entire process is now more efficient and transparent.

By empowering both the victim and the accused, BNSS is a step toward a more just and modern legal system.

📞 Need to file an FIR or seek legal advice on criminal matters?
Contact Advocate Anurag Gupta
📱 Mobile: 8240642015
💬 WhatsApp: 8931942803
📧 Email: gripshawlaw2005@gmail.com


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