Section 173 BNSS lets any person give information about a cognizable offence to the officer in charge of any police station, orally or by electronic means, regardless of where the offence took place, and the police must record it as an FIR with a free copy given to the informant or victim.
The new law (the updated criminal procedure code that replaced the CrPC) says information about a cognizable offence can be given at any police station, no matter where the incident occurred. The police must record it. You can even send it electronically. A free copy reaches you or the victim right away.
Quick Stats of Section 173 BNSS
| Aspect | Detail |
|---|---|
| Full Name | Information in cognizable cases under Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Came into Force | 1 July 2024 |
| Old Equivalent | Section 154 of the Code of Criminal Procedure, 1973 |
| Biggest New Features | Zero FIR made statutory; electronic communication allowed; 14-day preliminary enquiry option for certain offences |
| Free Copy | Must be given forthwith to informant or victim |
| Special Protection | Woman police officer for certain offences against women; special arrangements for persons with disabilities |
| Refusal Remedy | First approach Superintendent of Police, then Magistrate |
| Key Court Trend 2025–2026 | Supreme Court clarified preliminary enquiry is an exception; High Courts issued detailed directions on refusal remedies |
What Exactly Does Section 173 BNSS Say?
Here is the heart of Section 173 BNSS in plain words:
Every piece of information about a cognizable offence (a serious offence for which police can arrest without warrant) can be given to the officer in charge of a police station. It does not matter where the offence happened. You can give it orally or by electronic communication.
- If oral: the officer writes it down (or has it written), reads it back to you, and you sign it.
- If electronic: the officer takes it on record once you sign it within three days. The main points go into a special book kept as per State rules.
A copy of the recorded information must be given free of cost and immediately to the informant or the victim.
For certain mid-level offences (punishable with three years or more but less than seven years), the officer may, with prior permission from an officer not below Deputy Superintendent of Police rank, either hold a preliminary enquiry within fourteen days to check if a basic case exists, or start full investigation if a basic case is already clear.
If the station officer refuses to record the information, you can send the substance in writing (by post or electronically) to the Superintendent of Police. If still refused, you can approach the Magistrate.
Special rules apply when a woman reports certain listed offences under the Bharatiya Nyaya Sanhita (sexual offences, acid attack, etc.): a woman police officer must record it. For persons who cannot communicate properly because of disability, the information is recorded at their chosen place with help of an interpreter or special educator, and the process is video-graphed where possible.
That is Section 173 BNSS stripped of complicated language. The old Section 154 CrPC had the basic recording duty but did not clearly allow electronic information or make Zero FIR a clear statutory right in the same way. The new provision under section 173 bnss modernises the starting point of investigation.
Searches for 173 bnss in hindi or dhara 173 bnss in hindi want the same idea in simple Hindi: संज्ञेय अपराध की सूचना किसी भी थाने में मौखिक या इलेक्ट्रॉनिक तरीके से दी जा सकती है, भले ही घटना कहीं भी हुई हो। Dhara 173 bnss carries the identical meaning.
Why the Change Was Needed
Before July 2024 many people faced the same problem. A woman travelling between cities faced an assault. The nearest station refused because the incident happened in another district. She had to travel again, lose time, and risk the trail going cold. Families of missing persons heard “wrong jurisdiction.” Electronic complaints were not clearly recognised.
Section 173 BNSS fixed the core issue by adding the words “irrespective of the area where the offence is committed.” Zero FIR became a clear right. Electronic communication received legal recognition with a three-day signing window. The free copy rule now expressly includes the victim, not only the person who gave the information. These practical changes matter to ordinary people.
How the Process Works Under Section 173 BNSS – Step by Step
- You go to any police station or send information electronically.
- The officer records it (orally reduced to writing and signed, or electronic taken on record after signature within three days).
- Main points enter the prescribed book.
- You or the victim receive a free copy immediately.
- For most cognizable offences the investigation starts.
- For offences punishable between three and seven years, the officer may seek DSP-level permission and either do a 14-day preliminary enquiry or proceed straight to investigation if a basic case is clear.
- If the station refuses, write to the Superintendent of Police.
- If that also fails, apply to the Magistrate with an affidavit.
Courts in 2025 and 2026 have stressed that registration remains mandatory once information discloses a cognizable offence, subject only to the limited exception in sub-section (3).
Old CrPC Section 154 vs New Section 173 BNSS
| Feature | Old CrPC Section 154 | New Section 173 BNSS |
|---|---|---|
| Place of reporting | Linked to jurisdiction in practice | Any station, irrespective of area (Zero FIR) |
| Mode of information | Oral or writing | Oral, writing, or electronic communication |
| Electronic information | Not clearly provided | Allowed; must be signed within 3 days |
| Free copy | To informant | To informant or victim |
| Preliminary enquiry | Limited by case law | Statutory option for 3–7 year offences with DSP permission, 14-day limit |
| Refusal remedy | Approach SP, then Magistrate | Same ladder, now clearer under the section |
| Special rules for women | Present | Strengthened and linked to BNS sections |
| Special rules for disability | Limited | Explicit place of choice + interpreter + video where possible |
Zero FIR Under Section 173 BNSS
Zero FIR means the police station registers the information even if the offence happened outside its territorial limits. The case is later transferred to the proper station. Section 173 BNSS makes this a clear statutory right by using the phrase “irrespective of the area where the offence is committed.”
In practice after 2024, people who earlier faced refusal now get the information recorded first. The transfer happens later. This simple change has reduced the number of victims turned away at the first station.
Electronic Information (e-FIR) Under Section 173 BNSS
You can send the information by electronic communication. The officer takes it on record once you sign it within three days. The substance goes into the book prescribed by the State Government.
This helps people who cannot travel immediately—night-time incidents, people in hospitals, or those in distant places. The three-day signing window keeps the process authentic while allowing speed.
The New Preliminary Enquiry Option – Section 173(3)
This is a major addition. For cognizable offences punishable with three years or more but less than seven years, the station officer may, with prior permission of an officer not below DSP rank and after considering nature and gravity:
- Conduct a preliminary enquiry within fourteen days to see if a basic case exists, or
- Proceed with investigation if a basic case already exists.
The Supreme Court in 2025 clarified that this is an exception to the normal mandatory registration rule. If the preliminary enquiry finds a basic case, the FIR must be registered at once. If not, the informant must be informed so they can use the refusal remedy. Outside this limited category, registration remains mandatory once a cognizable offence is disclosed.
What If Police Refuse to Register Under Section 173 BNSS?
Section 173 BNSS gives a clear ladder:
- Send the substance of the information in writing (by post or electronically) to the Superintendent of Police.
- If the SP is satisfied a cognizable offence is disclosed, he must investigate himself or direct a subordinate officer.
- If that also fails, approach the Magistrate under the linked provision. The application needs an affidavit. The Magistrate considers the police submission and may order investigation after such inquiry as he thinks necessary.
High Courts in 2026, especially Allahabad, have issued detailed directions: Magistrates must pass speaking orders, verify that the statutory steps were followed, consider the police report, and not act mechanically. These directions strengthen the remedy for ordinary people.
Special Rules for Women and Persons with Disabilities
When a woman reports certain listed offences (rape and related sexual offences, acid attack, etc. under the Bharatiya Nyaya Sanhita), the information must be recorded by a woman police officer or any woman officer.
For a person who is unable to communicate properly because of disability, the information is recorded at the person’s residence or a place of their choice, with the help of an interpreter or special educator. The process is preferably video-graphed.
These rules show the law trying to make the first step less intimidating for vulnerable victims.
Real Impact Seen Between 2024 and 2026
- Zero FIR and electronic options reduced jurisdiction-based refusals.
- Free copy to the victim improved transparency.
- Preliminary enquiry filtered some weaker mid-level complaints early, but courts insisted it cannot become a general delay tactic.
- High Courts issued practical directions so Magistrates apply mind before ordering investigation on refusal applications.
- People who earlier gave up after one refusal now have a clearer path through the SP and then the Magistrate.
Practical Tips for Anyone Reporting Under Section 173 BNSS
- Give clear facts: what happened, when, where, who was involved.
- Ask for the free copy and keep it safe.
- If electronic, complete the signing within three days.
- If refused at the station, immediately write to the SP with the same substance.
- Keep records of every step (dates, names, copies).
- For women victims of listed offences, request a woman officer.
- For persons with disability, insist on the place of choice and interpreter help.
Practical Tips When You Are Named in Information Under Section 173 BNSS
- The recording of information does not mean you are guilty. Investigation follows.
- Cooperate with lawful investigation.
- If you believe the information is false or motivated, gather your documents early.
- Remedies exist at later stages (anticipatory bail, quashing, etc.), but the first step is the information itself.
Common Mistakes Still Seen in 2026
Some stations still hesitate on Zero FIR despite the clear wording. Some delay the free copy. Some treat the preliminary enquiry option as a routine delay tool instead of a limited exception. Courts are correcting these practices through directions and orders.
Tables for Quick Reference
Key Timelines under Section 173 BNSS
| Action | Timeline |
|---|---|
| Signing electronic information | Within 3 days |
| Preliminary enquiry (when used) | Within 14 days |
| Free copy | Forthwith (immediately) |
| Approach to SP after refusal | As soon as possible after station refusal |
Who Does What
| Person | Action |
|---|---|
| Informant / Victim | Give information orally, in writing, or electronically; collect free copy; approach SP if refused |
| Station Officer | Record information; give free copy; seek DSP permission if using preliminary enquiry |
| Superintendent of Police | Investigate or direct investigation if information discloses cognizable offence |
| Magistrate | Order investigation after considering application, affidavit, and police submission |
Conclusion
Section 173 BNSS is the starting gate for cognizable offences under the new criminal procedure. It allows information at any police station (Zero FIR), accepts electronic communication with a three-day signing window, mandates a free copy to the informant or victim, provides a limited 14-day preliminary enquiry option for mid-level offences, and gives a clear ladder if the station refuses. Special rules protect women reporting certain offences and persons with disabilities.
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Frequently Asked Questions
1. What is the main difference between Section 173 BNSS and the old CrPC Section 154?
The new section makes Zero FIR a clear statutory right, allows electronic information, gives the free copy to the victim as well, and adds a limited preliminary enquiry option for certain offences.
2. Can I give information at any police station under Section 173 BNSS?
Yes. The section expressly says information may be given irrespective of the area where the offence was committed.
3. How does electronic information work under Section 173 BNSS?
You send it by electronic communication. The officer takes it on record once you sign it within three days. The substance enters the prescribed book.
4. What is the preliminary enquiry under Section 173(3) BNSS?
For cognizable offences punishable with three years or more but less than seven years, the officer may, with DSP-level permission, hold a 14-day enquiry to check if a basic case exists, or start investigation if it already exists.
5. What should I do if the police station refuses to record information under Section 173 BNSS?
Send the substance in writing to the Superintendent of Police. If that fails, approach the Magistrate with an affidavit.
6. Is a free copy of the FIR mandatory under Section 173 BNSS?
Yes. A copy must be given forthwith and free of cost to the informant or the victim.
7. Are there special rules for women under Section 173 BNSS?
Yes. For certain listed sexual and related offences, the information must be recorded by a woman police officer or any woman officer.
8. Does Section 173 BNSS apply to non-cognizable offences?
No. Non-cognizable information is dealt with under the next section. Section 173 is only for cognizable offences.
