Criminal Law GK: FIR, Complaint, Police Report, Anticipatory Bail and Quashing
Updated criminal procedure questions and answers for advocates, law students and litigants covering complaints, FIRs, investigation, police reports, closure reports, protest petitions, criminal courts, anticipatory bail, quashing, arrest and safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Law update: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) came into force on 1 July 2024. Older proceedings may continue to be governed by the Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 because of repeal, savings and transitional provisions. The applicable law should therefore be identified from the date and stage of each proceeding.
FIR, Complaints and Investigation: Questions 1-10
| No. | Legal question | Updated answer |
|---|---|---|
| 1 | What is a complaint under the BNSS? | Section 2(1)(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) defines a complaint as an allegation made orally or in writing to a Magistrate, with a view to the Magistrate taking action under the Sanhita, that a known or unknown person has committed an offence. It does not include a police report. |
| 2 | What is a police report? | Under Section 2(1)(t) BNSS, a police report means a report forwarded by a police officer to a Magistrate under Section 193(3) on completion of investigation. |
| 3 | How can information about a cognizable offence be given to police? | Under Section 173 BNSS, information relating to a cognizable offence may be given orally or by electronic communication to the officer in charge of a police station, irrespective of the area where the offence was committed. Oral information must be reduced to writing and read over to the informant. Electronic information must comply with the statutory authentication requirement. |
| 4 | Can a cognizable-offence complaint be given orally, in writing or electronically? | Yes. Section 173 BNSS recognises oral and electronic communication, and written information may also be supplied. The statutory procedure for recording, signature or authentication and supply of a copy should be followed. |
| 5 | What can be done if the police station refuses to record information of a cognizable offence? | Section 173 BNSS provides a statutory escalation mechanism to the Superintendent of Police where the officer in charge refuses to record the information. If the grievance continues, an application may be made to the Magistrate in accordance with Section 175(3) BNSS and the applicable procedural requirements. Constitutional remedies remain available in appropriate exceptional cases. |
| 6 | What happens when a Magistrate receives a private complaint? | A Magistrate may take cognizance under Section 210 BNSS and proceed under Chapter XVI. Section 223 deals with examination of the complainant and witnesses, while Section 225 permits postponement of process and an inquiry or investigation in appropriate cases. Police do not 'take cognizance'; cognizance is a judicial act. |
| 7 | What is the difference between a Magistrate-directed police investigation and an inquiry after cognizance? | A direction for police investigation under Section 175(3) BNSS operates in the statutory pre-trial investigation framework. After cognizance on a complaint, the Magistrate may proceed under Sections 223 to 226, including postponing process and directing an inquiry or investigation under Section 225 where permitted. |
| 8 | What remedy may be available if a Magistrate refuses to direct registration or investigation? | The remedy depends on the nature and wording of the order and the stage of the proceeding. A criminal revision may be maintainable against an appropriate judicial order, subject to the BNSS provisions governing revision and the bar concerning interlocutory orders. A party should examine the exact order before choosing revision or another remedy. |
| 9 | Can a prospective accused challenge an order directing investigation or registration of an FIR? | The availability and timing of a challenge depend on the nature of the Magistrate's order, whether the person has a right of hearing at that stage, and the governing precedents. Affected persons may invoke the appropriate revisional, inherent or constitutional jurisdiction where legally maintainable; there is no universal rule that every investigation order is immediately challengeable. |
| 10 | What is the evidentiary value of an FIR? | An FIR is ordinarily not substantive evidence of the facts stated in it. Where the maker testifies, a previous statement may, subject to the Bharatiya Sakshya Adhiniyam, 2023 (BSA), be relevant for contradiction or corroboration. Its admissibility and use depend on who made it and the purpose for which it is tendered. |
Evidence, Police Reports and Closure: Questions 11-20
| No. | Legal question | Updated answer |
|---|---|---|
| 11 | Can an FIR or statement in it become relevant as a dying declaration? | Potentially, yes. If the maker later dies and the statement concerns the cause of death or circumstances of the transaction resulting in death, it may become relevant under the BSA provisions governing statements by persons who cannot be called as witnesses. Whether it qualifies is decided on the facts and evidentiary requirements. |
| 12 | What is a closure or cancellation report? | After investigation, police submit their report to the Magistrate under Section 193 BNSS. Where the investigating agency concludes that no case should proceed, the final report is commonly described as a closure or cancellation report. The Magistrate is not automatically bound by the police conclusion. |
| 13 | What can a Magistrate do when a closure report is filed? | Depending on the record and law, the Magistrate may accept the closure report, disagree with it and proceed where legally permissible, or require further investigation. Before accepting a closure that adversely affects the informant or complainant, principles laid down by binding precedent concerning notice and opportunity of hearing must be followed. |
| 14 | What options are available when the final police report is filed? | A Magistrate considers the police report and accompanying material under the BNSS. Depending on whether the report alleges sufficient evidence or recommends closure, the Magistrate may take cognizance where the legal requirements are met, decline to proceed, or direct further investigation in accordance with law. 'Further investigation' should not be confused with a de novo reinvestigation unless specifically authorised by law. |
| 15 | Is a Magistrate bound by the police conclusion in the final report? | No. The Magistrate applies an independent judicial mind to the police report and the materials legally placed before the court. |
| 16 | What is a protest petition? | A protest petition is a petition filed by an informant or complainant objecting to a closure/final report and requesting the Magistrate not to accept the police conclusion. Depending on its contents and the procedure adopted, it may be considered as an objection to the final report or, where legal requirements are met, dealt with as a complaint. |
| 17 | How is information about a non-cognizable offence handled? | Section 174 BNSS requires the officer in charge to enter the substance of the information in the prescribed book, refer the informant to the Magistrate, and forward the daily diary report of such cases to the Magistrate as provided. Police ordinarily cannot investigate a non-cognizable case without a Magistrate's order and cannot arrest without warrant merely by virtue of that investigation power. |
| 18 | How should information concerning specified offences against women be recorded? | The BNSS contains special safeguards for recording information concerning specified sexual and gender-based offences, including recording by a woman police officer or woman officer in cases covered by the statute and additional safeguards for persons with disabilities. The exact procedure depends on the offence and circumstances. |
| 19 | What are the principal classes of criminal courts under the BNSS? | Section 6 BNSS recognises, besides the High Courts and courts constituted under other laws, Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates. Special courts and other statutory forums may be constituted under special laws. |
| 20 | How may a Magistrate take cognizance of an offence? | Under Section 210 BNSS, a competent Magistrate may take cognizance upon receiving a complaint of facts constituting an offence, upon a police report of such facts, or upon information received from a person other than a police officer or upon the Magistrate's own knowledge, subject to the Sanhita. |
Criminal Courts, Bail, Quashing and Arrest: Questions 21-30
| No. | Legal question | Updated answer |
|---|---|---|
| 21 | Where are criminal cases instituted or tried? | The proper forum depends on the nature of the offence, territorial jurisdiction, the First Schedule to the BNSS, any special statute, and whether the case is instituted on a police report or complaint. Cases exclusively triable by a Court of Session are ordinarily committed by the Magistrate in accordance with the BNSS. |
| 22 | Must a complainant personally appear in every summons case? | Not in every situation. The BNSS permits the court, where the statutory conditions are satisfied, to dispense with personal attendance or proceed through an advocate. Whether personal appearance is required depends on the type and stage of proceeding and any order passed by the court. |
| 23 | What may happen if the complainant is absent in a complaint summons case? | In a summons case instituted upon complaint, the BNSS contains provisions enabling the Magistrate, in the circumstances specified by law, to acquit the accused when the complainant is absent, while also permitting adjournment or dispensing with attendance where appropriate. The exact statutory conditions must be checked before relying on absence alone. |
| 24 | How can an FIR or criminal proceeding that discloses no offence be challenged? | The High Court retains inherent powers under Section 528 BNSS to make orders necessary to give effect to the Sanhita, prevent abuse of the process of a court, or secure the ends of justice. Quashing is an exceptional jurisdiction applied on settled judicial principles; the High Court does not ordinarily conduct a trial of disputed facts at the quashing stage. |
| 25 | What remedy is available where a person apprehends arrest for a non-bailable offence? | Section 482 BNSS permits a person who has reason to believe that he or she may be arrested on an accusation of a non-bailable offence to apply to the High Court or Court of Session for a direction that, in the event of arrest, the person be released on bail, subject to statutory exclusions and the facts of the case. |
| 26 | Can conditions be imposed while granting anticipatory bail? | Yes. Section 482 BNSS permits the court to impose appropriate conditions, including conditions relating to cooperation with investigation, non-interference with witnesses and travel, as warranted by the statute and the facts. |
| 27 | Can anticipatory bail be considered after cognizance or issue of process? | The mere fact that cognizance has been taken does not by itself create an absolute statutory bar to anticipatory bail. Maintainability and grant depend on the stage of the case, the nature of the process issued, statutory exclusions, conduct of the applicant and binding precedent. |
| 28 | What are a bond and a bail bond? | A bond is an undertaking to comply with conditions such as appearance before the police or court. A bail bond may involve sureties where required. The BNSS distinguishes release on bond from release on bail bond with sureties in several provisions, and the applicable form and conditions depend on the court's order and the Second Schedule. |
| 29 | When is arrest without warrant justified in a cognizable case? | Section 35 BNSS sets statutory conditions for arrest without warrant. For offences punishable up to seven years, arrest is not automatic: the police officer must satisfy the specified necessity conditions and record reasons. Different rules apply to more serious offences and other situations expressly covered by the section. |
| 30 | What important safeguards apply to an arrested person? | The BNSS provides safeguards including communication of grounds of arrest, information to a relative or nominated person, preparation of arrest-related records, access to legal rights, medical and safety protections, and production before the competent Magistrate within the constitutionally and statutorily prescribed period. Articles 21 and 22 of the Constitution and binding Supreme Court safeguards also continue to govern arrest. |
Official Legal References
Ministry of Home Affairs
- New Criminal Laws
India Code
- Central Acts and Current Statutory Text
Supreme Court of India
- Judgments and Orders
eCommittee,
Supreme Court of India - eCourts Services
Disclaimer: This page provides general legal information and legal general knowledge, not legal advice. Criminal procedure can depend on the date of the offence or proceeding, special statutes, State amendments, court rules and binding judgments. Verify the applicable provision before filing or advising in a particular matter.