Section 173: Information in Cognizable Cases

BNSS Section 173 — Information in Cognizable Cases (FIR)

What Section 173 does (in simple terms)

Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) lays down how an FIR is to be recorded for a cognizable offence. You may give information orally or by electronic communication to the officer-in-charge of any police station irrespective of where the offence occurred (“zero FIR”). If given orally, it must be written down and read back; if sent electronically, you must sign/confirm it within 3 days for it to be taken on record. A free copy must be given to the informant/victim. Indian KanoonPRS Legislative ResearchBPRDtripura.gov.in

Special protections while recording

• Women victims of specified sexual offences: the information must be recorded by a woman police officer or any woman officer; statements should be videographed, and the Magistrate’s statement should be recorded as soon as possible. Indian Kanoon+1
• Persons with temporary/permanent physical or mental disability: information is to be recorded at the residence or a convenient place, with an interpreter/special educator, and videography. Indian Kanoon

Refusal to register — your remedy

If the police refuse to record the information, you may send the substance of it in writing (even by post) to the Superintendent of Police (SP). If satisfied that it discloses a cognizable offence, the SP shall investigate personally or direct a subordinate to do so. If this still fails, you may apply to the Magistrate. Indian Kanoon

Preliminary enquiry (a major BNSS change)

For information relating to offences punishable with ≥3 years but <7 years, the officer-in-charge may, with prior permission of a DSP-rank officer, either:

1. conduct a preliminary enquiry (to see if a prima facie case exists) within 14 days, or
2. proceed directly with investigation if a prima facie case exists.
3. Courts and official handbooks note this departure from CrPC §154, which generally mandated immediate FIR registration when a cognizable offence was disclosed (Lalita Kumari). Indian KanoonLive LawBPRD

Step-by-step: how to lodge information under §173

1. Choose any police station (jurisdiction doesn’t matter). Provide details orally (to be reduced to writing) or electronically (sign within 3 days). Get your free copy. Indian KanoonBPRD
2. If you’re a woman victim of specified sexual offences or a person with disability, insist on the safeguards above; ask for videography. Indian Kanoon
3. If refused, write to the SP; failing that, apply to the Magistrate. Indian Kanoon

Practical notes & FAQs

• Is e-FIR valid? Yes—BNSS permits electronic information; signature/confirmation within 3 days is required (state rules operationalise this). Indian Kanoontripura.gov.in
• Zero FIR? Yes—text says “irrespective of the area where the offence is committed,” enabling registration anywhere. Indian KanoonBPRD
• What if the facts clearly show a serious cognizable offence? For grave categories, police ordinarily should not delay registration; the preliminary enquiry window is confined to the 3–<7 year band and requires DSP approval. Judicial commentary flags this as a narrow, permission-gated exception. Live Law

How BNSS §173 compares with CrPC §154 (old law)

• Numbering & scope shifted to §173; substance of immediate recording remains, but BNSS adds the e-communication + 3-day signature rule and codifies a limited preliminary enquiry with DSP approval (up to 14 days) for mid-band offences—a significant policy shift from CrPC practice. Indian KanoonLive Law