Police, FIR and Investigation: Questions and Answers

Yes. If your information discloses a cognizable offence, the officer in charge must register an FIR under Section 173 BNSS (old Section 154 CrPC). There is one exception to know about. For offences punishable with three to seven years, the police may first hold a preliminary enquiry under Section 173(3), with a senior officer's permission, and must finish it within 14 days. They cannot sit on a complaint about murder, rape or robbery. See when Delhi Police refuse an FIR.

A zero FIR is an FIR registered at whichever police station you reach, even if the crime happened in another area, and then sent to the station that has jurisdiction. Section 173 BNSS now says this in so many words. Ask for it when the matter is urgent and there is no time to work out the right station, for example a theft on a train or an assault while you were visiting another district. Read zero FIR and e-FIR under the BNSS.

Because the law requires it. Under Section 173(1) BNSS, information given by electronic communication is taken on record as an FIR once the informant signs it within three days. If you do not sign, the matter may stall. Delhi Police also runs a separate online facility for vehicle theft and certain thefts where the accused is unknown, and those work differently. Keep the acknowledgement number of whatever you file online.

No. The informant is entitled to a free copy under Section 173(2) BNSS. If you are the accused, Delhi Police uploads most FIRs on its website, and you can download it with the police station name and FIR number. FIRs in sensitive cases, such as sexual offences, are generally not uploaded, and then the accused can apply to the court or the police. Never sign or act on a document that claims to be your FIR without reading the actual copy.

Send the substance of your complaint in writing to the DCP of the district, who acts as the Superintendent of Police in Delhi. Section 173(4) BNSS provides for this step, and the magistrate will later ask whether you took it. Send it by speed post and email, and keep the postal receipt, tracking report and email record. Attach your original complaint and any diary number the police station gave you. Wait a reasonable time for action before moving the court.

You apply to the magistrate who has jurisdiction over the police station, in the district court complex, asking for a direction to register an FIR and investigate. Under Section 175(3) BNSS (old Section 156(3) CrPC) the application must be supported by an affidavit and should show that you first approached the DCP. The magistrate may make an enquiry and call for the police officer's report before deciding. See Delhi Police not acting on a complaint.

It depends on the evidence. If the police need to collect it, such as bank records, CCTV footage, phone data or a recovery, ask for investigation under Section 175(3). If you already hold the documents and witnesses, a complaint under Section 223 BNSS (old Section 200 CrPC), where the magistrate records your statement, may be enough. Sometimes the magistrate treats a 175(3) application as a complaint. Choose the route that fits what still has to be found.

A phone call is not a legal notice. If you are a witness, the police should issue a written notice under Section 179 BNSS (old Section 160 CrPC). If you are a suspect, it should be a notice under Section 35(3) (old Section 41A). Women, and men under 15 or over 60, cannot be required to attend anywhere other than where they live. Ask politely for the notice in writing. Ignoring a proper written notice, though, can lead to arrest.

Partly. Section 38 BNSS (old Section 41D CrPC) gives an arrested person the right to meet an advocate during interrogation, though not throughout it. For people called on notice, the police often let the lawyer wait nearby but not sit in. In sensitive cases, the High Court has sometimes allowed a lawyer to remain within sight but out of hearing. Go with a written record of the dates and documents you plan to discuss.

No. A statement recorded by the police under Section 180 BNSS (old Section 161 CrPC) is not signed by the person who gives it, under Section 181 (old Section 162). It cannot be used as evidence of the facts in court, only to contradict you if you say something different later. If the IO asks you to sign, decline politely and ask for the statement to be read back so you know what was written.

It is a statement or confession recorded by a magistrate under Section 183 BNSS (old Section 164 CrPC), not by the police. Because a judicial officer records it, it carries far more weight than a police statement. In sexual offences, the victim's statement is recorded this way, by a woman magistrate where possible. A witness who later says something different is cross-examined on it. Say only what you know first hand, and say it carefully.

Ask in writing. Section 193(3) BNSS requires the police to tell the informant or victim about the progress of the investigation within 90 days, and this can be done electronically. Write to the IO and the SHO quoting the FIR number and ask for an update. RTI is of limited help while an investigation is on, because the law allows information to be withheld if disclosure would impede it. A dated written request also helps if you later go to court.

There is no single outer limit for every case. The 60 and 90 day periods in Section 187 BNSS (old Section 167 CrPC) matter for default bail when the accused is in custody, not as a deadline for closing every file. For rape and certain sexual offences against children, Section 193 BNSS asks the police to complete investigation within two months. Many other files take much longer. Read how long the police get to file a chargesheet.

Put it on paper. Write to the ACP and DCP with specific facts: the witness not examined, the CCTV not collected, the date the accused was seen at the police station. Ask for a change of IO or for the file to go to another unit. The magistrate can also be asked to direct a proper investigation. Vague complaints about bias rarely work. A dated list of lapses, each with proof, is what senior officers and courts act on.

Rarely, and only in exceptional cases: where local police officers are themselves accused, where the investigation is clearly one-sided, or where the case spreads across states. Slow progress alone is not enough. When Advocate B.K. Singh is asked to seek a transfer, he first builds a dated record of every request made to the police and every lapse, because the court looks for proof of unfairness, not dissatisfaction. See transfer of investigation.

Usually not. Courts have held that an accused cannot choose who investigates him, and such petitions are seldom entertained. What you can do is ask for a fair investigation. Give the IO a written representation with your documents, ask for specific evidence such as call records or CCTV to be collected, and keep proof that you did. If the police ignore material that clears you, that record matters at the bail, quashing or discharge stage.

Move within days. Many systems overwrite recordings in a week or two. Write to the IO and SHO asking them to seize the footage, naming the camera location and the time. Send a written request to the owner of the premises, such as the shop, the RWA or the metro authority, asking them to preserve it. If the police do nothing, apply to the magistrate for a preservation direction. A late request usually finds nothing left.

Usually because money from a reported fraud passed through your account, even several transfers later. When a victim complains on the 1930 helpline or the cybercrime portal, the police ask banks along the money trail to block the funds. Shopkeepers who took UPI payments and people who sold crypto peer to peer are often caught this way. The freeze is not a finding that you did anything wrong. See getting a frozen account released.

Courts, including the Delhi High Court, have repeatedly said that blocking an entire account for a small disputed sum is disproportionate, and have limited the freeze to the amount actually traced. First find out which police station asked for the freeze and the complaint number. Then write to the IO with your account statements and the source of the money. If that fails, apply to the magistrate, and if needed file a writ. Read unfreezing an account after a cyber complaint.

Write to the branch manager and the bank's nodal officer asking for the name of the requesting police station or cyber cell, the complaint or acknowledgement number, the amount marked, and the date. Banks usually share this when asked in writing. If they do not, escalate through the bank's grievance process and keep copies. Without these details you cannot approach the right IO or magistrate, so get this sorted before anything else.

Apply to the magistrate for its release on superdari under Section 503 BNSS (old Section 457 CrPC) during investigation, or Section 497 (old Section 451) once the case is in court. You will usually give an indemnity bond and an undertaking to produce the car whenever required, and the police will photograph it and prepare a record of its condition. Courts prefer releasing vehicles quickly to letting them rot in a police yard. See release of seized property.

They should not keep it longer than needed. A seized phone is usually sent for forensic examination and should be released once the data is copied. Apply to the magistrate for release, offering to let the police keep a forensic image of the data so the evidence is safe. Ask that the image and its verification value be recorded. Your work, banking and family data are on that phone, and the court can weigh that.

It is the police report under Section 193 BNSS (old Section 173 CrPC) saying the case should not go to trial: no evidence, the offence not made out, the accused untraced, or the matter being civil. The magistrate is not bound to accept it. Before accepting, the court must give notice to the informant so they can object. Delhi Police files may describe it as a cancellation report or an untraced report, depending on the reason.

Yes, by filing a protest petition before the magistrate. The court can then reject the closure report and take cognizance, order further investigation, or treat your protest petition as a complaint and record evidence. First inspect the closure report and the statements the police relied on. When Advocate B.K. Singh drafts a protest petition, he answers each reason in the closure report with a document or witness the IO ignored, rather than repeating the original complaint.

Yes. Section 193(9) BNSS (old Section 173(8) CrPC) allows further investigation and a supplementary report. Once the trial has begun, further investigation needs the trial court's permission and should be completed within 90 days unless the court extends the time. A complainant who feels key evidence was left out can apply to the magistrate for a direction for further investigation, ideally before the trial begins. Point to the specific evidence missing.

Yes, in most cases. Section 230 BNSS requires the magistrate to supply copies of the police report and documents to the accused and also to the victim, if the victim is represented by an advocate. If you are not getting them, appoint a lawyer and apply. Reading the chargesheet early tells you which witnesses the police cited, what was left out and whether a protest or an application for further investigation is needed.

Yes, and you usually should. Give the IO a written representation with copies of your documents, such as agreements, bank statements or chats, and take a signed receipt or send it by email and speed post. The IO must investigate fairly but is not bound to accept your version. If the chargesheet ignores clear material you supplied, that record helps later at the bail, discharge or quashing stage.

No. The police are not recovery agents, and pressure to pay in a purely civil dispute is not part of an investigation. If there is no FIR, ask on what basis you are being called and request a written notice. If calls or visits continue, complain in writing to the DCP with dates and phone numbers. Where an FIR has been registered over what is really a contract dispute, it may be fit for quashing. See quashing a cheating FIR.

An NCR is a record of a non-cognizable offence, such as simple hurt or defamation. Under Section 174 BNSS (old Section 155 CrPC) the police enter the information in a register and refer you to the magistrate. They cannot investigate a non-cognizable offence without the magistrate's order. If you believe the facts actually show a cognizable offence, write to the DCP and point out the correct sections with your reasons.

An FIR is not rewritten once registered, but you can fix the record. Give a supplementary statement to the IO under Section 180 BNSS explaining the correct facts, and ask for it to be recorded. If your statement is later recorded before a magistrate, state the facts accurately there. Small errors in dates or spellings rarely hurt. A wrong fact on a central point should be corrected early, in writing, before the other side relies on it.

Yes. The IO can add or drop sections as evidence comes in, and the court decides the final charge. But adding a non-bailable or graver section can change your position overnight. Earlier interim protection or bail may not cover the new section, and you may need to apply afresh. Ask for the order or record showing why the section was added. If it was added only to defeat bail, that can be argued in court.

Do not pay. Giving a bribe is itself an offence under Section 8 of the Prevention of Corruption Act. Note the dates, amounts and numbers used, and keep any messages. Complain in writing to the DCP and the Vigilance branch of Delhi Police, or to the CBI's anti-corruption wing, which can lay a trap. Tell your lawyer before you act, so that your own case is not harmed by how you go about it.

Yes. Report each threat in writing to the IO and SHO with dates and recordings, and ask for protection from the DCP. Section 398 BNSS requires every state to have a witness protection scheme, and Delhi has one for witnesses facing threats. If the police do nothing and the threat is serious, the High Court can be asked to direct protection under Article 226. Threats to a witness can also be a ground to cancel the accused's bail.

They can seize it as evidence or during a search under Section 106 BNSS (old Section 102 CrPC), but courts have held that the police cannot impound it. Impounding is for the passport authority under Section 10(3) of the Passports Act. If the police hold your passport without good reason, apply to the magistrate for its release. Where you need to travel, the court that has your case can grant permission with conditions.

A lawyer can, once you gather the papers: the FIR or complaint copy, every letter you sent to the SHO and DCP with proof of delivery, and any reply or diary number. The next step may be pressing the DCP again, an application under Section 175(3), a request for further investigation, or a petition in the High Court. You can contact Advocate B.K. Singh with these papers for advice. Official case status and cause lists are on the Delhi High Court's own website.