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For most people, the First Information Report — the FIR — is the first point at which the criminal justice system formally enters their lives, either as a complainant or as a person accused of an offence. Understanding what an FIR is, how it works, and what rights the law provides at that stage is a matter of basic civic importance. This note provides a general outline.
An FIR is the written document prepared by the police when information about the commission of a cognisable offence is first received. A cognisable offence is one for which a police officer may arrest without a warrant — serious matters such as murder, robbery, kidnapping, and many others fall in this category. The registration of an FIR sets the formal criminal process in motion.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (which has replaced the Code of Criminal Procedure, 1973), information about a cognisable offence may be given orally or in writing. If given orally, the officer in charge of the police station must reduce it to writing, read it over to the informant, and have it signed. A copy of the FIR must be given free of charge to the informant.
The law casts a mandatory duty on the police to register an FIR when a cognisable offence is disclosed in the information received. The Supreme Court of India has consistently held that the police cannot refuse to register an FIR on the ground that the matter requires verification or that the allegation may be false. Where an officer in charge refuses to register an FIR, the complainant may approach the Superintendent of Police, a Magistrate, or file an online e-FIR under the provisions available in the state.
The registration of an FIR is not a mere procedural formality — it marks the commencement of a criminal investigation and activates the rights and obligations of all parties under the law.
Once an FIR is registered, the police have the power to investigate the matter. Investigation under criminal law includes proceeding to the spot, ascertaining facts, discovering and arresting the accused, collecting evidence, and forming an opinion as to whether the material is sufficient to send the accused for trial. At the conclusion of investigation, the police file either a charge sheet (if there is sufficient evidence) or a closure report.
Several constitutional and statutory rights accrue to a person accused of an offence. Article 22 of the Constitution of India guarantees the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner of one's choice, and — in certain cases — the right to be produced before a Magistrate within 24 hours of arrest. The right to silence is also recognised: no person accused of an offence is compelled to be a witness against themselves.
It bears noting that these rights must be actively asserted. The legal position, and the procedural steps open to a person facing an FIR, depend heavily on the specific facts, the stage of the matter and the offences alleged. Early legal advice in such situations is generally advisable.
The High Court has the inherent power under Section 528 BNSS (formerly Section 482 CrPC) to quash an FIR where it is satisfied that the continuation of criminal proceedings would amount to an abuse of the process of the court — for instance, where the FIR discloses no cognisable offence, where it is filed with a mala fide intent to harass, or where the matter has been settled between parties in compoundable offences.
This note is published by HNT Legal for general educational purposes only, in accordance with the Bar Council of India Rules, 1975. It does not constitute legal advice, does not create an advocate-client relationship, and must not be acted upon without specific professional guidance on the facts of your matter.