FIR (First Information Report) is the earliest written record of information received by the police about the commission of a cognizable offence, which sets the criminal justice machinery in motion. Under Indian law, the obligation to record an FIR is governed by Section 154 of the Code of Criminal Procedure, 1973 (now Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Legal definition
Section 154(1) of the Code of Criminal Procedure, 1973 provides the statutory basis for the FIR:
Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
The term "First Information Report" does not appear in the statute itself. It is a term of practice, referring to the information first recorded under this provision. The FIR is not a piece of substantive evidence; it is primarily a document that sets the investigation process into motion.
New law equivalent: Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 173 replaces Section 154 CrPC. Section 173 retains the core obligation to register information about cognizable offences but introduces significant enhancements: it permits electronic FIR filing (e-FIR) under Section 173(1)(ii), requires the informant to sign within three days if filed electronically, mandates videographing of the recording process for disabled persons, and requires a woman officer to record information in cases involving offences against women.
How courts have interpreted this term
Lalita Kumari v. Government of Uttar Pradesh [(2014) 2 SCC 1]
A five-judge Constitution Bench of the Supreme Court delivered the definitive ruling on mandatory FIR registration. The Court held that registration of an FIR is mandatory under Section 154 of the CrPC if the information discloses the commission of a cognizable offence, and no preliminary inquiry is permissible in such cases. The word "shall" in Section 154(1) creates an imperative obligation, leaving no discretion to the police officer. The Bench laid down that a preliminary inquiry may be conducted only in cases where the information does not clearly disclose a cognizable offence — such as matrimonial disputes, commercial offences, medical negligence, and corruption allegations — and such inquiry must be completed within seven days.
State of Haryana v. Bhajan Lal [(1992) Supp (1) SCC 335]
The Supreme Court established guidelines for when an FIR or the consequent investigation may be quashed under Section 482 CrPC (now Section 528 BNSS). The Court outlined seven categories where quashing is permissible, including situations where the allegations in the FIR, even taken at face value, do not make out any offence. This case remains the foundational precedent for challenging FIRs before the High Court.
Why this matters
The FIR is the gateway document of the Indian criminal justice system. Without an FIR, there is no formal investigation, no chargesheet, and no trial. For any person who is a victim of or witness to a crime, understanding how and where to file an FIR is the first step toward accessing criminal justice.
A persistent problem in India has been the refusal by police to register FIRs, particularly in cases involving powerful accused persons or where the police perceive the matter as trivial. The Lalita Kumari judgment was specifically designed to address this systemic failure by making registration mandatory for cognizable offences. Any police officer who refuses to register an FIR commits a dereliction of duty and may face departmental action.
A common misconception is that the FIR is evidence of the facts stated in it. It is not. The FIR is relevant under Section 157 of the Indian Evidence Act, 1872 (now Section 145 of the Bharatiya Sakshya Adhiniyam, 2023) only to corroborate or contradict the informant's testimony at trial. An accused person named in an FIR is not thereby proven guilty — the FIR merely triggers the investigation process. Another frequent misunderstanding is that an FIR can only be filed at the police station within whose jurisdiction the offence occurred. This jurisdictional barrier has been addressed through the Zero FIR mechanism, now codified under Section 173 BNSS.
Related terms
Specific types:
Related procedures:
Broader concepts:
Frequently asked questions
Is it mandatory for police to register an FIR?
Yes. Following the Supreme Court's decision in Lalita Kumari v. Government of U.P. (2014) 2 SCC 1, registration of an FIR is mandatory under Section 154 CrPC (Section 173 BNSS) whenever the information discloses a cognizable offence. The police officer has no discretion to refuse registration, and failure to register may attract departmental and legal consequences.
Can an FIR be filed at any police station?
Yes. Under the Zero FIR mechanism, now codified in Section 173 BNSS, any police station must register an FIR regardless of whether the offence occurred within its jurisdiction. The FIR is then transferred to the police station having territorial jurisdiction for investigation.
Can an FIR be quashed?
An FIR can be quashed by the High Court under Section 482 CrPC (Section 528 BNSS) if the allegations, even taken at face value, do not constitute any offence, or if the continuation of proceedings would amount to an abuse of the process of the court. The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down seven categories for quashing FIRs.
What is the difference between an FIR and a police complaint?
An FIR under Section 154 CrPC (Section 173 BNSS) relates exclusively to cognizable offences where police can investigate without a Magistrate's order. A police complaint for a non-cognizable offence is recorded under Section 155 CrPC (Section 174 BNSS), and the police cannot investigate without the Magistrate's permission.
Can an FIR be filed online?
Under the BNSS (Section 173(1)(ii)), FIRs can now be filed through electronic communication. The informant must sign the electronically filed FIR within three days. Several states, including Maharashtra, Karnataka, and Uttar Pradesh, already have e-FIR portals operational for select offence categories.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.