Information in Cognizable Cases — Zero FIR, e-FIR and Preliminary Inquiry

Explanation

BNSS Section 173 is the BNSS's most significant procedural reform — it transforms the FIR registration framework in three fundamental ways. First, Zero FIR: any police station must register an FIR for any cognizable offence regardless of where the offence occurred. Under CrPC, police could (and routinely did) refuse to register FIRs claiming lack of territorial jurisdiction — sending victims on a frustrating tour of police stations. BNSS Section 173 assigns a 'Zero FIR number' when the jurisdictional station is not yet known, and transfers the FIR to the appropriate station subsequently. The victim files once, police handle the jurisdictional transfer internally. Second, e-FIR: information can be given 'through electronic communication' — online FIR registration is now legally enabled. High courts had already permitted e-FIR during COVID; BNSS makes it a permanent right. Third, preliminary inquiry: BNSS Section 173(3) allows police to conduct a preliminary inquiry (up to 14 days) before registering FIR where the information does not clearly disclose a cognizable offence. This is potentially in tension with Lalita Kumari — critics argue it gives police discretion to delay registration; supporters argue it prevents false FIRs. The 14-day outer limit is a check on misuse. Additionally, BNSS Section 173 specifically requires that information about sexual offences against women must be recorded by a woman police officer — strengthening an existing but inconsistently implemented requirement.