Registering an FIR, Zero FIR and e‑FIR under BNSS and legal remedy if police refuse

By Legum Pacific Editorial · 10 October 2026

Suppose you discover you were a victim of cyber financial fraud and want the police to record it. Or you visit a police station to report a theft and the officer refuses to write down what you say. The BNSS (the new criminal procedure law) and recent government material set out how information must be recorded, how an electronic Zero FIR pilot works, and what remedy the statute provides in case of refusal.

What does the law say?

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) states that every information relating to the commission of a cognizable offence may be given orally or by electronic communication to the officer in charge of a police station.
If the information is given orally, it must be reduced to writing by the officer or under his direction, and read over to the informant. Every such information, whether originally in writing or reduced to writing, must be signed by the person giving it.
If the information is given by electronic communication, it must be taken on record by the officer when it is signed within three days by the person giving it.
The substance of the information must be entered in a book kept by the officer in the form the State Government prescribes.
A copy of the recorded information must be given forthwith and free of cost to the informant or the victim.
For offences punishable with imprisonment for three years or more but less than seven years, the officer in charge may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, either conduct a preliminary enquiry to ascertain whether a prima facie case exists (to be completed within fourteen days) or proceed with investigation where a prima facie case exists.

(These points are taken from Section 173 of BNSS, as included in the official text supplied.)

What is a Zero FIR and an e‑FIR?

Government material explains that a Zero FIR is an FIR registered at any police station, regardless of territorial jurisdiction, using the BNSS provisions that allow information by electronic communication.
A government press release describes an e‑Zero FIR pilot for cyber financial crimes in Delhi. Under the pilot, certain complaints made on the National Cybercrime Reporting Portal (NCRP) or to the helpline 1930 above a stated monetary threshold are automatically converted into a Zero FIR at an e‑Crime Police Station in Delhi. Those electronic records are routed to the territorial cybercrime police stations for investigation.
The press release states complainants may visit the cybercrime police station within three days to have the Zero FIR converted into a regular FIR at the territorial station.

(These details come from the Ministry of Home Affairs / Press Information Bureau material supplied.)

What remedy does the law provide if the police refuse to record an FIR?

BNSS provides a statutory remedy. If the officer in charge of a police station refuses to record the information required under Section 173(1), the aggrieved person may send the substance of that information, in writing and by post, to the Superintendent of Police (SP) concerned.
If the SP is satisfied that the information discloses the commission of a cognizable offence, the SP must either investigate the case personally or direct an investigation to be made by a subordinate police officer. The officer so directed has all the powers of an officer in charge of a police station for that offence.
If the Superintendent of Police does not act as above, the statute permits the aggrieved person to make an application to the Magistrate.

(These steps are set out in Section 173(4) of BNSS as quoted in the supplied official text.)

How long do the police and authorities have to act?

Electronic information is to be taken on record when it is signed within three days by the person who made it.
For certain offences punishable with imprisonment between three and seven years, BNSS allows a preliminary enquiry, with prior permission, to be completed within fourteen days.
The government press release about the e‑Zero FIR pilot states that a complainant may visit the cybercrime police station within three days to convert an e‑Zero FIR into a regular FIR at the territorial station.
BNSS requires a copy of the recorded information to be given forthwith, free of cost, to the informant or victim.

(These time references are taken from Section 173 of BNSS and the government press release material provided.)

What this means for ordinary people

BNSS expressly allows information about cognizable offences to be given either at the police station orally or by electronic communication. Oral information must be written down and read back for signature; electronic information is recorded upon signature within three days.
The law requires the informant or victim to receive a free copy of the recorded information immediately.
Where a station officer refuses to record the information required by Section 173(1), the statute directs a route through the Superintendent of Police. If the SP is satisfied the information discloses a cognizable offence, an investigation is to be ordered. If the SP does not act, the statute allows an application to the Magistrate.
The government has announced an e‑Zero FIR pilot for certain cyber financial complaints in Delhi that uses electronic reporting and routes those records to territorial cyber stations; the pilot provides for conversion to a regular FIR within three days, per the press release.

Key points

Section 173 BNSS permits information about cognizable offences to be given orally or electronically and requires proper recording and signature.
Electronic information is recorded on signature within three days; oral statements must be reduced to writing and read over to the informant.
A free copy of the recorded information must be given forthwith to the informant or victim.
If an officer in charge refuses to record the information, BNSS allows sending the substance by post to the Superintendent of Police, who must investigate if satisfied; failing action by the SP, an application to the Magistrate is provided.
Government material describes an e‑Zero FIR pilot for certain cyber financial complaints in Delhi that converts some NCRP/1930 complaints into Zero FIRs and routes them to territorial cyber stations for conversion to regular FIRs within three days.

Laws referred to

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 173 (sub-sections 1 to 4) (official text supplied, Gazette of India Extraordinary)
Press Information Bureau, Ministry of Home Affairs — “e-Zero FIR initiative” press release (19 May 2025) (material supplied)
Press Information Bureau, Ministry of Home Affairs — “Main features of the new criminal laws” press release (20 Aug 2025) (material supplied)

Official sources

This guide explains what the law itself says. Court rulings interpreting these provisions can also affect how they apply in a particular case. It states the position under the official texts listed above, as at 10 October 2026.

Source: Official text (egazette.gov.in) (opens in a new tab)