Zero FIR Under Section 173 BNSS, 2023 | Law in One Line 001 | EduLaw
EduLaw EditorialLaw in One LineUnderstand Zero FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023: meaning, procedure, example, transfer, e-FIR, refusal remedies and practical points.
EduLaw Law in One Line · Part 001 Criminal Law · BNSS ZERO FIR Can a police station refuse to take information about a cognizable offence merely because the incident happened somewhere else? Under Section 173 of the BNSS, territorial jurisdiction is not a barrier to the first reporting of the crime. Updated for the Bharatiya Nagarik Suraksha Sanhita, 2023 · Law current to August 2026 The law in one line A cognizable offence can be reported to a police station irrespective of the area where the offence was committed. A person who has just faced a serious crime should not have to solve a jurisdictional puzzle before the criminal law begins to move. That is the practical idea behind a Zero FIR. The victim or informant may approach a police station even when the offence occurred outside that station’s territorial limits. The information can be received first; questions of the correct territorial police station can be dealt with thereafter. The present statutory foundation is Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) . It provides that information relating to the commission of a cognizable offence may be given to the officer in charge of a police station irrespective of the area where the offence is committed . The Ministry of Home Affairs has expressly described this feature of the new criminal laws as the institutionalisation of Zero FIR. Section 173(1), BNSS — practical meaning “Wrong police station” should not become a reason for delaying the first reporting of a cognizable offence. What exactly is a Zero FIR? A Zero FIR is commonly understood as an FIR registered at a police station that does not have territorial jurisdiction over the place where the offence occurred. Instead of sending the complainant away to locate the “correct” police station, the information is taken on record and the case is subsequently transferred to the police station having territorial jurisdiction for further investigation, where appropriate. The expression “Zero FIR” is practical police terminology. The legal significance lies in the statutory rule that territorial limits do not prevent the initial giving of information relating to a cognizable offence. The Bureau of Police Research & Development’s SOP on Zero FIR under the new criminal laws explains the same operationally: a complainant may approach any police station, and where the cognizable offence occurred outside that station’s jurisdiction, the case may be registered as a Zero FIR and processed for transfer. Real example Delhi incident. Pune police station. Suppose A is assaulted in Delhi and travels to Pune immediately afterwards. In Pune, A approaches a police station and discloses facts that reveal a cognizable offence. The police should not simply say, “This happened in Delhi, go back there.” The information can be received under Section 173(1). The jurisdictional aspect can then be addressed through the prescribed process, including transfer to the concerned police station. How the process works The informant approaches a police station. The first question is whether the information discloses a cognizable offence, not whether the station is geographically convenient for the investigation. The information is recorded. Section 173 allows information to be given orally or by electronic communication. Oral information is reduced to writing and read over to the informant. Electronic reporting is recognised. Where information is given electronically, Section 173 provides for it to be taken on record on being signed by the informant within three days. Territorial jurisdiction is dealt with after the initial reporting. If the offence belongs to another police station’s area, the Zero FIR mechanism permits the matter to be transmitted to the police station that will investigate it territorially. The informant should retain the record. Under Section 173(2), a copy of the information as recorded is to be given forthwith, free of cost, to the informant or victim. Zero FIR is not the same as “any complaint” The rule is especially important to understand with the expression cognizable offence . A cognizable offence is one in which the police have statutory authority to act in the manner contemplated by the BNSS without first obtaining the kind of Magistrate’s order required for investigation of a non-cognizable case. Zero FIR should therefore not be confused with a general statement that every type of grievance must automatically become an FIR. Point Zero FIR Ordinary territorial FIR Where reported A police station outside the place of occurrence may receive it. Usually registered at the police station having territorial jurisdiction. Purpose Prevent delay at the first reporting stage. Begin and continue the case within the competent territorial station. What happens next May be transferred to the jurisdictional police station. Investigation ordinarily proceeds from that station. What if the police refuse because of jurisdiction? If information discloses a cognizable offence, a refusal based solely on the ground that the incident occurred outside the station’s limits is contrary to the purpose of Section 173(1). The BNSS also contains a statutory escalation mechanism. Under Section 173(4) , a person aggrieved by a refusal by the officer in charge to record the information may send its substance in writing and by post to the Superintendent of Police concerned. If satisfied that the information discloses a cognizable offence, the Superintendent of Police may investigate or direct investigation by a subordinate police officer. The provision also preserves recourse to the Magistrate. Practical drafting point: if a station refuses to receive the information on territorial grounds, record the date, time, station name and the officer approached. Keep a copy of the written complaint and preserve proof of any email, electronic submission or postal communication sent to senior police authorities. What changed under the BNSS? The concept of Zero FIR existed before the BNSS through legal principles, judicial decisions and central advisories. The Ministry of Home Affairs had issued an advisory in 2013 stating that when a cognizable offence is reported outside the territorial jurisdiction of a police station, a Zero FIR should be registered and transferred to the concerned police station. The major shift under the BNSS is that the text of Section 173(1) itself expressly says that cognizable-offence information may be given irrespective of the area where the offence is committed . This is why the new provision is best understood as giving direct statutory expression to a rule that had already developed in practice. In a December 2025 Rajya Sabha answer, the Ministry of Home Affairs again confirmed that Section 173 provides for such information to be given regardless of the area of commission and identified filing an FIR at any police station, regardless of jurisdiction, as a victim-centric feature of the new criminal laws. Where does Lalita Kumari fit in? The Constitution Bench decision in Lalita Kumari v. Government of Uttar Pradesh remains fundamental to the principle of registration where information discloses a cognizable offence. The Supreme Court explained the mandatory character of FIR registration under the earlier Section 154 CrPC framework, subject to the recognised situations in which a preliminary inquiry may be permissible. The BNSS now contains its own statutory structure, including Section 173(3), dealing with a preliminary inquiry in the specified category of offences punishable for three years or more but less than seven years, subject to the statutory conditions and approval requirement. The important learning point is that Zero FIR and preliminary inquiry answer different questions . Zero FIR addresses territorial jurisdiction at the reporting stage. Preliminary inquiry concerns whether, in the statutory circumstances where it is permitted, a prima facie case exists to proceed. A police station should not use “jurisdiction” as a substitute for analysing the information under the correct BNSS framework. Five things to remember in practice 01. Lead with facts showing the cognizable offence, not legal conclusions alone. 02. State the place, time, accused details and immediate evidence as clearly as possible. 03. If the incident occurred elsewhere, specifically request recording under Section 173(1). 04. Obtain and preserve the free copy of the recorded information/FIR where applicable. 05. If refused, use the statutory escalation route and keep documentary proof. 06. Do not assume registration automatically means arrest; registration and arrest are legally distinct questions. The bigger idea behind Zero FIR Criminal procedure loses value if access depends on a distressed person correctly identifying a police boundary before help begins. A victim may be travelling, displaced, injured, unfamiliar with the city or simply unaware of police-station limits. The Zero FIR principle shifts the immediate burden away from the victim: report first, resolve territorial allocation through the system. That does not mean territorial jurisdiction becomes irrelevant forever. It remains important for investigation and later procedural steps. The point is narrower and more practical: territorial jurisdiction should not be used to block the first reporting of a cognizable offence. Law in One Line · Part 001 Remember this line If the information discloses a cognizable offence, the first police station approached cannot treat territorial jurisdiction as a reason to simply send the informant away. Section 173(1) BNSS makes the reporting stage jurisdiction-neutral. Primary & official references India Code — Section 173, Bharatiya Nagarik Suraksha Sanhita, 2023 BPR&D — SOP on Zero FIR & e-FIR under the New Criminal Laws Ministry of Home Affairs — Advisory on Registration of FIR Irrespective of Territorial Jurisdiction and Zero FIR Ministry of Home Affairs — Rajya Sabha Unstarred Question No. 1182, Zero FIR in New Criminal Laws (10 Dec 2025) Supreme Court of India — discussion of the mandatory-registration principle in Lalita Kumari Disclaimer: This article is for legal education and general information. It is not a substitute for advice on the facts of a specific case. Quick brief Provision: Section 173, BNSS, 2023 Concept: Zero FIR Trigger: Information disclosing a cognizable offence Core rule: Reporting is not defeated merely because the offence happened outside that police station’s area. Oral reporting recognised Electronic communication recognised Free copy to informant/victim Statutory remedy on refusal © 2026 EduLaw · Law in One Line · Educational use only.