Research Directorate, Immigration and Refugee Board of Canada

1. Overview

According to sources, an FIR is the initial written account prepared by the police of a complaint made by an individual, orally or in writing, regarding the "commission of a cognizable offence" (The Hindu 2025-02-10; India n.d.a). The Hindu, an English-language Indian daily newspaper, reports that an FIR is distinct from a "Community Service Register (CSR)," which is used to document complaints of "'non-cognizable offence[s]'" (The Hindu 2025-02-10). The website of the Bureau of Police Research and Development (BPR&D) of India's Ministry of Home Affairs indicates that the police record an FIR and investigate complaints which relate only to cognizable offences (India n.d.b).

A cognizable offence is defined by sources as "an offence for which the police may arrest a suspect without a warrant" (The Hindu 2025-02-10) or an act for which the police can arrest, detain and/or launch an investigation "without the interference of a court" (ILO 2024-10-11). The website of the Goa Police Department describes cognizable offences as "usually serious in nature" (Goa n.d.). Sources list as examples of cognizable offences the crimes of murder, rape, theft (ILO 2024-10-11; India n.d.b), and kidnapping, among others (ILO 2024-10-11). The BPR&D states that offences in the Code of Criminal Procedure, 1973 are divided between cognizable and non-cognizable offences (India n.d.b). The Code of Criminal Procedure provides the following:

155. Information as to non-cognizable cases and investigation of such cases.—(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

156. Police officer's power to investigate cognizable case.—(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned. (India 1973, bold and italics in original)

The first schedule of the Code of Criminal Procedure, which is available online, indicates whether offences in the penal code are cognizable or non-cognizable (India 1973, First Schedule).

Sources report that India enacted a new law, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective as of 1 July 2024, which replaces the Code of Criminal Procedure, 1973, as part of an effort to overhaul the country's major criminal legislation (which also included replacing the India Penal Code, 1860 with the Bharatiya Nyaya Sanhita, 2023 (BNS), and the Indian Evidence Act, 1872 with the Bharatiya Sakshya Adhiniyam, 2023 (BSA)) (Al Jazeera 2024-07-01; Amnesty International 2024-07-01; India [2023], 3). Article 2 of the BNSS provides the following definition of cognizable and non-cognizable offences:

2. (1) In this Sanhita [Code], unless the context otherwise requires,—

…

(g) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

…

(o) "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant;

… (India 2023a, bold and italics in original)

The first schedule of the BNSS, which is available online, indicates whether offences in the BNSS are cognizable or non-cognizable (India 2023a, First Schedule).

According to sources, both suites of criminal laws will operate in parallel but apply to different timelines based on the date of the FIR's registration: the old criminal laws will apply on offences registered before July 2024 and the new laws to offences registered as of July 2024 (Scroll.in 2024-06-28; The Wire 2024-06-24). However, the article by the Indian online news source Scroll.in also indicates that police sources differed on this point, with some stating that the date the offence was committed (before or after 1 July 2024) was the determining factor (Scroll.in 2024-06-28).

2. Requirements and Procedures to Register an FIR

According to sources, an FIR may be filed in person or online (e-FIR [See Sub-Section 2.1]) by the victim or a third party (ILO 2024-10-11; India n.d.a). Witnesses or anyone else with knowledge of a crime can also file FIRs (ILO 2024-10-11; Sharma, et al. 2023-10-27, 226; Safecity n.d.a), as can legal representatives (Sharma, et al. 2023-10-27, 226).

Sources indicate that FIRs should be filed at the police station nearest to the location of the crime (Safecity n.d.a; Sharma, et al. 2023-10-27, 226) or with jurisdiction over that area (Sharma, et al. 2023-10-27, 226; India n.d.b), and that all police stations have "a jurisdictional area within which they may investigate offences and crimes committed" (Safecity n.d.a). However, India Law Offices LLP (ILO), a law firm headquartered in Delhi whose practice areas include criminal litigation (ILO n.d.), notes that the BNSS enshrined in law a Zero FIR [See Sub-Section 2.2], which allows any police station to file an FIR "irrespective" of where the crime occurred and then transmit the case to the jurisdictionally appropriate station (ILO 2024-10-11). Article 173(1) of the BNSS provides the following in this regard: "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 …" (India 2023a).

Ravindra Kumar Sharma, an advocate at the Rajasthan High Court who is also an associate professor of engineering at Singhania University in India (Sharma n.d.), writing with co-authors in an article published by the International Journal of Law [1], indicates that the process for filing an FIR "can vary from one jurisdiction to another," and that it is "important" to be "aware of the local laws and regulations" in the area where the FIR is being filed (Sharma, et al. 2023-10-27, 226). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, FIR registration comprises the following steps:

• The complainant must provide a detailed account of the alleged crime, including date, time, location, and the nature of the act (ILO 2024-10-11; Sharma, et al. 2023-10-27, 226).
• The information must be written down by the officer receiving it and read back to the complainant (The Hindu 2025-02-10; ILO 2024-10-11; Safecity n.d.a).
• The complainant must then sign the FIR and subsequently receive a free copy of it (ILO 2024-10-11; India n.d.b; Safecity n.d.a), which acts as "legal evidence of the complaint" (ILO 2024-10-11).
• Finally, the FIR is assigned a number (ILO 2024-10-11; Sharma, et al. 2023-10-27, 227) and a date of registration (Sharma, et al. 2023-10-27, 227).
  
  

The BPR&D notes that complainants are not legally required to give an affidavit during this process (India n.d.b).

The website of the police department of Sahibzada Ajit Singh (SAS) Nagar, a district in Punjab state, indicates that a crime can be reported by telephone, by mail, or in person (Punjab n.d.a). The website of BPR&D notes that if the complaint was given by telephone, the complainant should proceed to the police station to register the FIR (India n.d.b). The same source states that the complainant should file the FIR with the "most" senior police officer available at the police station, known as the officer-in-charge or the duty officer, which is usually the Station House Officer (SHO) or the SHO's subordinate above the rank of a constable (India n.d.b).

The BNSS provides the following regarding this process:

173. (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:

…

(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 the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.

… (India 2023a, bold and italics in original)

Sources indicate that police stations are obligated to register an FIR for all cognizable offences (India n.d.b; Safecity n.d.a; Sharma, et al. 2023-10-27, 231). According to sources, the registration of an FIR sets off all subsequent applicable criminal proceedings, such as launching an official criminal investigation (ILO 2024-10-11; Sharma, et al., 2023-10-27, 225). Additionally, sources note that police action or investigations may only take place after an FIR is registered (Sharma, et al. 2023-10-27, 225; Safecity n.d.a).

In a 2021 interview with the Research Directorate, an independent lawyer in New Delhi practising criminal law at the Supreme Court of India, stated that a notice is sent to the accused once an FIR is filed (Lawyer 2021-05-01). In correspondence with the Research Directorate in 2021, a law firm with offices in New Delhi, Mumbai, and Bengaluru [Bangalore], whose practice areas include criminal law, indicated that once the FIR is filed, its content cannot be altered; however, additional information can be provided to the police after registering an FIR (Law firm 2021-05-02).

According to Safecity [2], a police investigation includes "collecting evidence, questioning witnesses, inspecting the crime scene, recording statements and forensic testing," among other measures, as well as making arrests should the perpetrators be found (Safecity n.d.a). Sharma et al. indicate that an FIR assists police in identifying suspects and can result in their arrest and add that it can also form "the basis for the prosecution of the accused individuals" and help with "presenting evidence in court" (Sharma, et al. 2023-10-27, 227-228).

According to Safecity, upon completion of their investigation, police will file a charge sheet (challan) with their findings (Safecity n.d.a). The same source reports that if there is enough proof, the case will proceed to court and if not, the police may close the case "after justifying their reasons in court" (Safecity n.d.a). ILO reports that should an investigation yield no proof, or "if the police believe the complaint is false or not cognizable," police may close the case (ILO 2024-10-11). The same source adds that the complainant, should they disagree, "has the right to file a protest petition against such a closure" (ILO 2024-10-11).

2.1 E-FIR

Sources indicate that except when filing FIRs through electronic means, complainants are required to present themselves in person at a police station to file their complaint (ILO 2024-10-11; Legal Shots 2024-09-17). Legal Shots, a Rajasthan-based full service law firm whose Managing Partner also practices before the High Court of Rajasthan and the Supreme Court of India (Legal Shots n.d.), notes that the "cumbersome nature" of the in-person filing process for FIRs "often led to underreporting of crimes," especially from "marginalized communities or those involved in sensitive cases like domestic violence or sexual assault," owing to fear of retaliation or "lack of faith in the system" (Legal Shots 2024-09-17). According to sources, e-FIRs were created as part of the state's digital response to make it easier to report crimes (ILO 2024-10-11; India [2023], 1; Legal Shots 2024-09-17).

The information in the following paragraph was provided by India's BRP&D in a 2023 document setting out the Standard Operating Procedure (SOP) for registering e-FIRs and Zero FIRs:

An e-FIR registration begins with the complainant accessing "the official police e-FIR portal or police website," or by sending the contents of their complaint to the "concerned police station through any electronic communication." Once the complainant has electronically provided the "required details" for their complaint, including their "personal information, details of the incident, and any supporting documents or evidence," the police station can download it and store it "in a computer in the police station," as well as log the information conveying the "commission of a cognizable offence" in the "e-complaint/eFIR register or as prescribed by the head of the department." To be officially registered as an FIR, the complainant must sign the e-FIR within three days of having electronically submitted their complaint. Finally, a copy of the FIR must be provided to the complainant upon its registration (India [2023], 7, 8, 9).

India's National Commission for Scheduled Castes (NCSC) indicates that individuals filing an e-FIR must include their email address, as a copy of the e-FIR will be sent via email "for verification" (India n.d.a). However, Legal Shots notes that by law, e-FIRs still require complainants to present themselves in person at the police station in the first 72 hours after registration to sign it (Legal Shots 2024-09-17).

Sources informed the Research Directorate in 2021 that for some types of offences, the FIR could be filed online [in some states (Law firm 2021-05-02)] (Law firm 2021-05-02; lawyer 2021-05-01). The lawyer stated that online complaints, or e-FIRs, were "usually registered against unknown individuals," such as in cases of property theft, and noted that there was a "special portal for registering stolen items" (Lawyer 2021-05-01). The law firm indicated that once an e-FIR was registered, a copy with "the stamp and seal of the police authority" would be made available online "immediately" (Law firm 2021-05-02). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.2 Zero FIR

A Zero FIR is an FIR which can be filed at any police station, regardless of the jurisdictional area in which the alleged crime took place (ILO 2024-10-11; India [2023], 2; Safecity n.d.a). The BRP&D states that Zero FIRs were established in response to "the critical issue of jurisdictional limitations that have historically impeded the swift initiation of criminal investigations," eliminating the time "lost" in beginning such an inquiry, and providing a "quicker response" from the authorities (India [2023], 2).

The BRP&D notes in its SOP document that upon completion of the initial inquiry, the police officer must register the Zero FIR, which generates an FIR number that "is prefixed with 'Zero' to indicate it is a Zero FIR" (India [2023], 6). Sharma et al. note that Zero FIRs are a "legal requirement," and it is compulsory for police to register them irrespective of jurisdictional considerations (Sharma, et al. 2023-10-27, 227).

Sources note that after the initial investigation is conducted and the Zero FIR is registered, the police station transfers the case to its counterpart with the appropriate jurisdiction (ILO 2024-10-11; India [2023], 6; Safecity n.d.a). The BRP&D states that a copy of the Zero FIR must be provided to the complainant as per Article 173(2) of the BNSS (India [2023], 6). Finally, the same source adds that the police station in the jurisdiction of the Zero FIR must, upon its receipt, "re-registe[r] it as a regular FIR in their records" and proceed to investigate it (India [2023], 6).

3. Appearance and Security Features

According to Sharma et al., the format of an FIR is standardized and formal (Sharma, et al. 2023-10-27, 230). Sources indicate that the following elements are "typically" (Sharma, et al. 2023-10-27, 228) or "generally" (ILO 2024-10-11) found in FIRs:

• Name and address of complainant (Sharma, et al. 2023-10-27, 228);
• Information on witness(es), alleged perpetrator(s) (Sharma, et al. 2023-10-27, 228; ILO 2024-10-11), and victim (ILO 2024-10-11);
• Details of the incident, including date, time, and location (ILO 2024-10-11; Sharma, et al. 2023-10-27, 228);
• FIR number and date, the police station and jurisdiction where it was registered, and the police officer's name who registered it (Sharma, et al. 2023-10-27, 228); and
• Relevant law excerpt related to the offence (Sharma, et al. 2023-10-27, 228).
  
  

Sources indicated in 2021 that FIRs are uniform in appearance across India; however, the language of the FIR may vary (Law firm 2021-05-02; lawyer 2021-05-01). The lawyer stated that "most" FIRs registered in Delhi and other metropolitan areas are in English (Lawyer 2021-05-01). The law firm noted that FIRs do not need to be registered in or translated into English (Law firm 2021-05-02).

The lawyer indicated that the officer-in-charge "usually" signs the hardcopy FIR, while the digital copy is not signed (Lawyer 2021-05-01). The law firm stated that the FIR does not have a letterhead, but it should have the seal and stamp of the police station and the signature of the officer who registered the FIR (Law firm 2021-05-02).

A template of an FIR under section 173 of the BNSS, also known as Integrated Form 1 (IF1), is provided by the police branch of the Chandigarh Home Department and is available online (Chandigarh 2024-08-01). The English original and French translation of a blank FIR form [in digital format (Executive Director 2021-05-10)] under section 154 of the Code of Criminal Procedure, 1973, also known as IF1, provided on the website of the Puducherry Police, are attached to this Response (Attachment 1). A sample of an FIR under section 154 of the Code of Criminal Procedure, 1973, completed in English, provided by the lawyer, along with a translation into French, and the English and French translation of Hindi text, are attached to this Response (Attachment 2). The law firm provided another sample of an FIR to the Research Directorate, which is similar in appearance to Attachment 2.

4. Whether a Complainant or Accused Can Obtain a Copy

According to sources, complainants filing an FIR must be provided with a free copy of it (Sharma, et al. 2023-10-27, 231; Safecity n.d.a) according to the Code of Criminal Procedure, 1973 (Sharma, et al. 2023-10-27, 231). Article 173(2) of the BNSS provides the following about providing a copy: "A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim" (India 2023a, italics in original).

In 2021 correspondence with the Research Directorate, a trustee of the Lawyers Collective, an organization in India that engages in human rights advocacy and provides legal aid for marginalized groups (Lawyers Collective n.d.), stated that "there is no particular procedure in the law to provide a copy of the FIR to the accused directly after registration of the same" (Trustee 2021-12-31). A 2016 ruling by the Supreme Court of India on Youth Bar Association of India v. Union of India states the following:

1. An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 [3] of the Cr.P.C.
2. An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours. (India 2016-09-07)
   
   

The BNSS provides the following:

230. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—

(i) the police report;

(ii) the first information report recorded under section 173;

(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193;

(iv) the confessions and statements, if any, recorded under section 183;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193:

Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:

Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court:

Provided also that supply of documents in electronic form shall be considered as duly furnished. (India 2023a, bold and italics in original)

Amnesty International published a press release on the case of a Kashmiri photojournalist whose passport was revoked by the Indian authorities in July 2023 while she was pursuing her studies in the US; she left India in March 2021 almost a year after she was charged for "allegedly posting 'anti-national' content," charges which remain active, and for which she "'was never given a copy of the FIR'" (Amnesty International 2024-09-18).

Sources report that in 2016, the Supreme Court directed all states and union territories to make FIRs publicly accessible online (The Hindu 2016-10-18; Hindustan Times 2024-06-14), "except in cases involving child abuse, sexual offences and terrorism, where privacy and national interest are cited as reasons for exemption" (Hindustan Times 2024-06-14). Hindustan Times, an English-language Indian daily newspaper, indicates that police upload FIRs into the CCTNS, which is linked with police stations' official websites, "making FIRs accessible to public" (Hindustan Times 2024-06-14). For information on the CCTNS, see Response to Information Request IND201491 of June 2023.

5. Challenges

5.1 Delays in Posting FIRs Online

Media sources from 2016 indicate that in a ruling on a petition from the Youth Bar Association of India, the Supreme Court of India ordered all states and union territories to begin publishing FIRs on their websites within 24 hours of registration [by 15 November 2016 (The Indian Express 2016-09-08)], although "sensitive cases" are exempt from this requirement (The Indian Express 2016-09-08; The Hindu 2016-10-18). In Youth Bar Association of India v. Union of India and Others, Writ Petition (Crl.) No. 68 of 2016, the Supreme Court of India issued the following orders:

…

(d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under [the Protection of Children from Sexual Offences] POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is [sic] connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location.

(e) The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate.

…

(k) The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016. (India 2016-09-07, para. 12)

The lawyer noted that there is a different website in each state to access an FIR (Lawyer 2021-05-01). The same source stated that sometimes there is a delay ranging from several days to several weeks before the FIR is posted (Lawyer 2021-05-01). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Hindustan Times reports "significant delays and lapses" in "several" Chandigarh police stations' duty to post FIRs on their website within the first 24 hours of registration, in breach of the Supreme Court directive, and provides as examples the Sector 39 and Maloya stations, which are located in "hotbeds of crime" such as theft and "assaults," and which had no FIRs posted at the time of the article's publication since 27 May 2024 (Hindustan Times 2024-06-14).

5.2 Delays in Registration

Sharma et al. indicate that "significant delay" occurs in the registration of "many" FIRs, which may result in the "loss of evidence, fading memories of witnesses, and difficulties in ascertaining the truth" (Sharma, et al. 2023-10-27, 225). Sources report that in May 2023, 2 Indigenous Kuki [Kuki-Zo] women were "stripped naked" and "parad[ed]" around by men of the majority Meitei community in the state of Manipur, one of whom was also raped (Al Jazeera 2023-07-20; Amnesty International 2024-04-23, 197). According to Al Jazeera, the families of the survivors filed an FIR on 18 May after the incident on 4 May; although a police investigation has now been launched, the families said that it took police "more than a month to transfer the case to the police station under whose jurisdiction the crime happened" (Al Jazeera 2023-07-20). The same source further notes that police took action only after a video of the incident went "viral" in July 2023 (Al Jazeera 2023-07-20).

In another case reported by Human Rights Watch, police "delayed" the investigation into accusations of sexual abuse committed by a member of parliament (MP) from the governing Bharatiya Janata Party (BJP) and president of the Wrestling Federation of India (Human Rights Watch 2024-01-11). Sources report that 6 women and a minor filed police complaints of sexual abuse against the BJP MP (BBC 2023-06-15; Human Rights Watch 2024-01-11) in April 2023, but the police "only initiated an investigation after the complainants filed a petition in the Supreme Court" (Human Rights Watch 2024-01-11). Similarly, the Hindu reports that the police registered an FIR against the BJP lawmaker "after the intervention of the Supreme Court in May 2023" (The Hindu 2024-05-21).

The lawyer indicated in 2021 that when a complaint is received at a police station, the police conduct a preliminary investigation to ensure that it is not a "malicious" complaint and added that there are cases of "false complaints" (Lawyer 2021-05-01). In a 2024 interview with the Wire, an online publication in India, a senior advocate, former Additional Solicitor General [and founder of the "human rights organization" Lawyers Collective (FLD n.d.)], stated that the BNSS "mandates a preliminary inquiry in[to] every cognisable offence which is punishable for 3 years or more but less than 7 years," in practice, this means that an FIR "will not be automatically lodged until the inquiry is complete" (The Wire 2024-06-24). The source says that this breaks with the Supreme Court ruling which orders the mandatory registration of FIRs, except when there is a need to investigate the "veracity" of the complaint, such as complaints by competing businesses against each other to gain a "commercial advantage" (The Wire 2024-06-24). The Senior Advocate stated instead that "the law recognises that what you say spontaneously is the truth," which is why in the term FIR the "word 'first' is important," while what "you say after a period of 15 days or 20 days can be doctored" by actors like the police, friends, or relatives (The Wire 2024-06-24).

5.3 False Information and Procedural Errors

According to Freedom House, Indians "face substantial obstacles in the pursuit of justice, including demands for bribes and difficulty getting the police to file a First Information Report"; police corruption "remains a problem" (Freedom House 2025-02-26, Sec. F2). Sharma et al. write that FIRs are "susceptible to manipulation or fabrication," and police officers or complainants may incorrectly relay the facts, including due to biases and prejudices, or otherwise "provide false information" in order to "settle personal scores or frame innocent individuals" (Sharma, et al. 2023-10-27, 225). The US Department of State's Trafficking in Persons Report 2024 indicates that police did not consistently register FIRs when a trafficking complaint was made or else did not "correctly file FIRs under trafficking crimes"; in other cases, authorities "often" settled cases at the complaint stage, "did not always arrest suspected traffickers," and "some" states were said to have directed police to register trafficking cases under kidnapping or missing persons "to reduce the number of trafficking cases in official statistics" (US 2024-06-24).

A joint submission by the World Organization Against Torture (Organisation mondiale contre la torture, OMCT) [4] and Youth for Human Rights Documentation (YHRD) [5] for the 2022 UN Universal Periodic Review for India indicates that in cases of "[m]ob violence or lynchings" committed by Hindu nationalists against minority groups, police were found to be "either complicit in the killings and the cover-up," or to have "stalled investigations and ignored procedures," including by "routinely" registering complaints against victims and their families and witnesses (OMCT & YHRD 2022-03-31, 15, 16).

From 23 to 26 November 2023, YRHD carried out a fact-finding mission in Banda District, Uttar Pradesh on the case of a 40-year-old Dalit woman who was "allegedly gang-raped" and found "brutally beheaded" in October 2023 in her workplace, the accused's family-owned flour mill (YHRD 2023-11-29, 1, 2). YRHD collected the "testimonies and narratives of the victim's family, witnesses, neighbours' accounts in the village, secondary media sources and legal documents pertaining to the case" (YHRD 2023-11-29, 1). Their mission report found that the police made a "deliberat[e]" omission at the time of the FIR's filing of "important sections [of the Indian Penal Code at the time] representing the graveness of the alleged crime" (YHRD 2023-11-29, 2, 4). It also found that the police had spread word in the victim's village and to media that the "incident was an accident," and that no attempted arrests were made of the alleged perpetrators despite their identities being recorded in the FIR (YHRD 2023-11-29, 2, 4).

5.4 Applicability of Old and New Criminal Laws

The Indian news website Scroll.in visited police stations across Delhi and found "many officers were reluctant to speak" about their knowledge of the new major criminal laws and whether they are "able to implement them smoothly" (Scroll.in 2024-06-28). Those who did agree to speak with the news site "admitted that they had only received minimal classroom training," even though "their work, from filing first information reports, chargesheets and police diaries to conducting investigations, will be governed by the new laws" (Scroll.in 2024-06-28).

In addition, sources note that there is "uncertainty" on the applicability of the old and new criminal laws (Scroll.in 2024-06-28; The Times of India 2024-06-23). A case in Jaipur reported by the Times of India, an English-language daily newspaper, highlights a disagreement between the state of Rajasthan's Directorate of Prosecution, which asserts that the new criminal laws apply "for all FIRs registered after midnight on July 1," while, on the other hand, criminal lawyers argue that this is in contravention of Article 20(1) [6] of the Constitution of India "which prohibits retrospective application of criminal law" (The Times of India 2024-06-23). Scroll.in reports that "most" of the police officers it interviewed in Delhi "expressed confusion and lack of clarity" on questions of whether to apply the new laws based on the date of alleged crime or the date of registration of the FIR (Scroll.in 2024-06-28).

In another article published by the same source a month after the new laws came into effect, the Home Affairs Minister was quoted responding to the question of applicability as follows: "'If the date of crime is before July 1, then it will be tried under old laws, if it is later, it will be tried under new laws'" (Scroll.in 2024-07-30). However, the same article reports that various High Courts across India have since handed down rulings which present "[c]onflicting interpretations" on this matter (Scroll.in 2024-07-30). A memorandum issued on 25 June 2024 by the Telangana Police on the implementation of the laws states that crimes which occurred before 1 July 2024 but were registered as FIRs after 1 July 2024 will apply the "provisions" of the India Penal Code while applying the BNSS as the "procedural law to be followed" (Telangana 2024-06-25). In other words, as Scroll.in puts it, according to the Telangana Police memorandum, "the offences made out against the accused would be drawn from the [India Penal Code], but the case would be investigated and prosecuted using the criminal procedure laid out in the new law" (Scroll.in 2024-06-28).

6. Recourse

According to sources, if police refuse to register an FIR, the complainant may contact the Superintendent of Police (ILO 2024-10-11; Sharma, et al. 2023-10-27, 231) or the Police Commissioner (ILO 2024-10-11). ILO adds that the complainant may file a writ petition with the High Court or reach out to the Magistrate, who can order the police "under section 210 [7] of the BNSS" to register an FIR (ILO 2024-10-11). The BPR&D website indicates that if a police station refuses to file an FIR, a complaint can be mailed to the Commissioner of Police or to the Assistant Commissioner or Deputy Commissioner of the relevant jurisdiction, and, if it is determined that the information relates to a cognizable offence, an FIR will be registered; if an FIR is still not filed, a complaint can be sent to the state's Home Ministry or a Court Magistrate or a corruption complaint can be made against the police officers responsible (India n.d.b). The BNSS provides the following on this topic:

Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate. (India 2023a, Art. 173(4), italics in original)

The BNS adds the following regarding public servants disobeying the law:

199. Whoever, being a public servant,—

(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or

(c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. (India 2023b, bold and italics in original)

The information in the remainder of this section was provided by the Commonwealth Human Rights Initiative (CHRI) [8]:

A "landmark judgement on police reforms" handed down by the Supreme Court of India in 2006 states that all States and Union Territories must establish Police Complaints Authorities (PCAs) at both the state and district levels, to be led by retired judges and to function as "independent and dedicated oversight bodies" which conduct inquiries on complaints against the police, and provide a forum for citizens to seek redress against police wrong doings.

The process undertaken by the State Police Complaints Authority (SPCA) in Punjab in response to a complaint against a police officer is described as follows based on The Rules for Conduct of Business of the Punjab State Police Complaints Authority, 2020 (2020 Rules):

• Upon receipt of the complaint, the Punjab SPCA examines it using several criteria, "including making a determination as to whether it is within the limitation period";
• Upon concluding prima facie that there is justification to proceed, the Authority begins their investigation by way of an "in-house team, any other officer, a committee or government agency directed by the SPCA";
• Throughout this procedure, the complainant must be kept apprised by the SPCA which must provide "free duly authenticated copies of the orders of the Authority";
• The language of the hearings in these investigations is Punjabi or English; should the complainant not speak either language, and not be able to hire a translator, "interpretation facility must be provided at the Authority's expense";
• Should neither the complainant nor the accused appear at the hearing, the Authority can continue ex-parte
  
  

The SPCA may recommend the registration of an FIR or the launching of a departmental investigation, as well as "direct" the government to pay damages to the victim. "[A]lthough the recommendations of the Punjab SPCA are not binding, the Department of Home Affairs is required to provide monthly status reports to the SPCA about the progress made on the recommendation or other appropriate action that is being taken."

Punjab's implementation of the SPCA was found to show a

significant dilution of the Apex Court's directives, [as] the definition of 'serious misconduct' does not include death in custody nor does it include rape/attempt to rape in custody. The authorities are also constrained from hearing complaints that pertain to incidents that occurred more than a year before the date of filing the complaint. The recommendations of the SPCA are not binding on the Government, although the 2020 Rules require the Government to issue an order in writing where it decides to deviate from the recommendation.

As well, contrary to the Supreme Court's 2006 recommendation that retired judges should lead the bodies, the Punjab SPCAs at both the state and district levels are headed by retired bureaucrats or police officers.

"[I]n effect, the authorities lack independence and powers to emerge as an effective remedy against police wrongdoings" (CHRI 2023-10-20, 1, 131, 133, 134, footnotes omitted).

7. Whether FIRs Are Centralized and Included in Police Databases

According to the website of the National Crime Records Bureau (NCRB) [9], the CCTNS is the centralized online database for all FIRs and other criminal case documents (India 2025-01-07). Sources note that the system linked "over 17,000" police stations as of January 2025 (India 2025-01-07) or "all 17,130 police stations across India" as of December 2024 (Malayala Monorama Group 2024-12-19). The Hindu reports that the Indian Home Minister stated in March 2022 that "Central agencies," including the Central Bureau of Investigation (CBI), National Investigation Agency (NIA), and the Narcotics Control Bureau (NCB), are not connected to CCTNS (The Hindu 2022-03-11).

The NCRB writes on its website that since 2009, it has been in charge of "monitoring, coordinating and implementing" CCTNS, and that in 2017, it launched the National Digital Police Portal, a "master" police portal which "allows police personnel to search for a criminal / suspect on the CCTNS database," and provides citizens with "various services," including filing complaints and seeking background checks, such as on tenants or "domestic hel[p]" (India 2024-12-04). In a report addressing the creation of e-FIRs, the 22^nd Law Commission of India chaired by Justice Ritu Raj Awasthi writes that CCTNS' architecture, as implemented by the NCRB, is made up of data centres at the state/union territory level, to which police stations within the given state are connected, as well as a data centre at the national level (India 2023-09, 34). The website of the Punjab Police indicates that the NCRB, which manages the CCTNS, has developed a Core Application Software (CAS), which is divided into two components: "CAS (Centre) and CAS (State)" (Punjab n.d.b). The Executive Director of the South Asia Terrorism Portal (SATP) and the Institute for Conflict Management (ICM) [10] noted in correspondence with the Research Directorate in 2021 that "CAS (Centre) is maintained by the NCRB as the national database" to facilitate information exchange between states, union territories and the central government (Executive Director 2021-05-10). The same source added that every state and union territory has its own CAS, known as CAS (State) (Executive Director 2021-05-10). The Law Commission of India notes that by 2022, CCTNS software was installed in 100 percent of police stations in India, 97 percent of police stations were connected to their state data centre, and 99 percent of police stations were entering 100 percent of FIRs in the CCTNS (India 2023-09, 36).

Sources report that FIRs uploaded to the CCTNS can be searched by police from another state (Lawyer 2021-05-01; law firm 2021-05-02). The CCTNS Pragati dashboard [11] as of 1 April 2021 reports that 92 percent of police stations across India can search the national database of the CCTNS (India 2021-04-01, 3).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The International Journal of Law is an "indexed, refereed, peer-reviewed, [and] open access journal" which publishes articles on current business-law issues and is based in Delhi (International Journal of Law n.d.).

[2] Safecity is a platform that aggregates crowdsourced data on sexual harassment and abuse in public spaces (Safecity n.d.b). It is the "flagship program" of the Red Dot Foundation Group, a non-profit that leverages data and technology to "make cities safer by encouraging equal access to public spaces for everyone" and for women in particular (Safecity n.d.b).

[3] The Code of Criminal Procedure provides the following:

207. Supply to the accused of [sic] copy of police report and other documents.—In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—

1. the police report;
2. the first information report recorded under section 154;
3. the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173;
4. the confessions and statements, if any, recorded under section 164;
5. ny other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173:
   Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
   Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court. (India 1973, bold and italics in original).
   
   

[4] The World Organization Against Torture (Organisation mondiale contre la torture, OMCT) is a 200-member association active in 90 countries that works to "end torture and ill-treatment, assist victims, and protect human rights defenders at risk" (OMCT n.d.).

[5] Youth for Human Rights Documentation (YHRD) is an India-based organization of "young lawyers, researchers, human rights defenders" and other individuals promoting human rights and social justice through "research, documentation, advocacy, intervention, and education to empower disadvantaged and vulnerable groups" (YHRD n.d.).

[6] The Constitution of India provides the following:

20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (India 1949, bold in original)

[7] Article 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the following:

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—

1. upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;
2. upon a police report (submitted in any mode including electronic mode) of such facts;
3. upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. (India 2023a, italics in original)

[8] The Commonwealth Human Rights Initiative (CHRI) is a non-profit organization with offices in New Delhi, the UK, and Ghana, which focuses on access to justice and access to information and conducts research and advocacy around human rights issues in Commonwealth countries (CHRI 2023-10-20, ii).

[9] According to its website, the National Crime Records Bureau (NCRB) of India's MHA serves as a "repository of information on crime and criminals" and is responsible for the Crime and Criminal Tracking Network and Systems (CCTNS) (India 2020-09-08).

[10] The South Asia Terrorism Portal (SATP) is an online database focusing on "terrorism and low intensity warfare in South Asia" (SATP n.d.a). The SATP is a project of the New Delhi-based Institute for Conflict Management (ICM), which is a non-profit organization focusing on "evaluation and resolution of problems of internal security in South Asia" (SATP n.d.b).

[11] The website of the Punjab police notes that the Government of India monitors the implementation of the CCTNS through the Pro-Active Governance and Timely Implementation (Pragati) mechanism (Punjab n.d.b).

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Additional Sources Consulted

Oral sources: Associate professor at a US university who has conducted research on policing in India; The Centre for Internet and Society; Common Cause; Indian Police Foundation; law firms in India (3); lawyer and researcher in India who studies emerging technology and has written about the Crime and Criminal Tracking Network and Systems (CCTNS); lawyers in India whose practice areas include criminal law (3); postdoctoral fellow at a US university who has conducted research on policing and crime in South Asia; professor at a US university who has conducted research on criminal justice in India.

Internet sites, including: Assam – Assam Police; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; Business Today; The Criminal Law Review; Deccan Herald; Delhi – Delhi Police; The Diplomat; Gujarat – Gujarat Police; Haryana – Haryana Police; India – Criminal Bureau of Investigation, Digital Police, Government Services Portal of India, Open Government Data Platform India; Indian Law Watch; Indian Legal Solution; International Journal for Multidisciplinary Research; Karnataka – Karnataka Police; Kerala – Kerala Police; KPMG International Limited; Law Times Journal; Legal Service India; Madhya Pradesh – Madhya Pradesh Police; Maharashtra – Maharashtra Police; National Human Rights Commission India; NRI Legal Consultants; Odisha – Citizen Portal, Koraput District; Rajasthan – Rajasthan Police; Singh Lawyers; South Asia Human Rights Documentation Centre; UN – Refworld.

Attachments

1. India. N.d. Form – IF1 – (Integrated Form): First Information Report (Under Section 154 Cr.P.C). [Accessed 2021-05-10]
2. India. 2020. Sample of a First Information Report (FIR) under section 154 of the Code of Criminal Procedure, 1973. Sent to the Research Directorate by a lawyer in New Delhi, 2021-05-01.