Section 173 BNSS: Information in Cognizable Cases
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the giving and recording of information relating to cognizable offences. It is a central provision for registration of first information, including information commonly associated with an FIR or Zero FIR, and introduces express recognition of electronic communication, safeguards for certain victims, a limited preliminary enquiry mechanism and remedies when police refuse to record information.
Text and Structure of Section 173 BNSS
173. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given-
(i) orally, it 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;
(ii) by electronic communication, it shall be taken on record by him on being signed within three days 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 by rules prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded by a woman police officer or any woman officer:
Provided further that-
(a) where the person against whom any such offence is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, the information shall be recorded by a police officer at the residence of the person seeking to report the offence or at a convenient place of that person's choice, in the presence of an interpreter or a special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.
(3) Without prejudice to section 175, on receipt of information relating to a cognizable offence punishable for three years or more but less than seven years, the officer in charge of the police station may, with prior permission from an officer not below the rank of Deputy Superintendent of Police and considering the nature and gravity of the offence-
(i) conduct a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
(4) A person aggrieved by refusal of the officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of the information, in writing and by post, to the Superintendent of Police concerned. If satisfied that the information discloses a cognizable offence, the Superintendent of Police shall either investigate the case or direct investigation by a subordinate police officer. Failing which, the aggrieved person may make an application to the Magistrate.
What Is a Cognizable Offence?
Under the BNSS framework, a cognizable offence is one for which a police officer may arrest without warrant in accordance with law. Section 173 deals with the first information relating to such an offence and sets out how that information is to be received, recorded and acted upon.
Zero FIR Under Section 173 BNSS
Section 173(1) expressly states that information relating to a cognizable offence may be given irrespective of the area where the offence is committed. This statutory wording supports the practice commonly known as a Zero FIR, under which information can be recorded at a police station even when the alleged offence occurred outside that police station's territorial area, with jurisdictional transfer to follow as required by law and procedure.
Oral Information and Written FIR
If information is given orally, the officer in charge must reduce it to writing, or have it reduced to writing under his direction. It must be read over to the informant, and the information must be signed by the person giving it. The substance must then be entered in the prescribed book.
Electronic Information and the Three-Day Signature Rule
Section 173 expressly permits information to be given by electronic communication. However, the electronic information is taken on record when it is signed within three days by the person who gave it. This makes electronic reporting part of the statutory framework while retaining a prescribed authentication step.
Special Safeguards for Women
Where a woman gives information alleging the commission or attempted commission of any of the specified offences under the Bharatiya Nyaya Sanhita, 2023 listed in Section 173(1), the information must be recorded by a woman police officer or any woman officer.
Safeguards for Persons with Mental or Physical Disability
If the person against whom one of the specified offences is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, Section 173 provides additional safeguards. The information is to be recorded at the person's residence or another convenient place of choice, with an interpreter or special educator as appropriate. The recording must be videographed, and the police officer must arrange for the person's statement to be recorded by a Magistrate under Section 183(6)(a) as soon as possible.
Free Copy to the Informant or Victim
Section 173(2) requires a copy of the information recorded under sub-section (1) to be provided forthwith and free of cost to the informant or the victim.
Preliminary Enquiry for Certain Offences
Section 173(3) creates a specific preliminary enquiry mechanism for information concerning a cognizable offence punishable with imprisonment of three years or more but less than seven years. The officer in charge may use this route only with prior permission from an officer not below the rank of Deputy Superintendent of Police and after considering the nature and gravity of the offence.
| Requirement | Section 173(3) rule |
|---|---|
| Offence range | Cognizable offence punishable for 3 years or more but less than 7 years |
| Prior approval | Officer not below the rank of Deputy Superintendent of Police |
| Relevant consideration | Nature and gravity of the offence |
| Preliminary enquiry purpose | To ascertain whether a prima facie case exists for proceeding |
| Time limit | Within 14 days |
| Alternative | Proceed with investigation where a prima facie case exists |
What If the Police Refuse to Record the Information?
Section 173(4) provides a statutory remedy. A person aggrieved by refusal of the officer in charge of a police station to record information under Section 173(1) may send the substance of that information in writing and by post to the Superintendent of Police concerned.
If the Superintendent of Police is satisfied that the information discloses commission of a cognizable offence, the Superintendent must either investigate the case or direct investigation by a subordinate police officer. If the statutory process still fails to provide relief, the aggrieved person may make an application to the Magistrate.
Key Features of Section 173 BNSS
- Information concerning a cognizable offence may be given regardless of the area where the offence occurred.
- Information may be given orally or by electronic communication.
- Electronic information must be signed within three days for taking it on record.
- Specified complaints by women must be recorded by a woman police officer or woman officer.
- Additional safeguards apply where the affected person is mentally or physically disabled.
- The informant or victim is entitled to a free copy forthwith.
- A limited preliminary enquiry may be conducted for the specified 3-to-under-7-year punishment range, subject to prior DSP-level permission.
- Refusal to record information can be escalated to the Superintendent of Police and thereafter to the Magistrate.
Related BNSS Provisions
Section 173 opens Chapter XIII, titled "Information to the Police and Their Powers to Investigate." It should be read with Section 174 on non-cognizable cases, Section 175 on police power to investigate cognizable cases, Section 176 on procedure for investigation, and Section 183 on recording confessions and statements.
Frequently Asked Questions
Can an FIR be reported at a police station outside the area where the offence occurred?
Section 173(1) expressly permits information relating to a cognizable offence to be given irrespective of the area where the offence was committed. This is the statutory basis commonly associated with Zero FIR practice.
Can information be given electronically?
Yes. Section 173 recognizes electronic communication, subject to the requirement that the person giving the information sign it within three days for it to be taken on record.
Is the informant entitled to a free copy?
Yes. Section 173(2) requires a copy of the recorded information to be supplied forthwith and free of cost to the informant or the victim.
Can police conduct a preliminary enquiry before investigation?
Section 173(3) permits a preliminary enquiry in the specified category of cognizable offences punishable for three years or more but less than seven years, subject to prior permission from an officer not below the rank of Deputy Superintendent of Police and the statutory fourteen-day period.