Section 173 BNSS: Information in cognizable cases (Formerly Section 154 CrPC)

Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023: Information in cognizable cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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) in the event that the person 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, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such 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 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.

(4) 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Cognizable Offence Sec 2(1)(c) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 173

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the registration of First Information Reports (FIRs) in cognizable cases, codifying Zero FIRs and electronic FIRs (e-FIRs).

Digital Infrastructure Jurisdiction: Section 173 incorporates foundational criminal procedural mandates while modernizing digital filing.
Cognizability & Arrest Powers: Under sub-section (1), every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing, signed by the informant, and entered in a book prescribed by the State Government.

Sub-section (2) guarantees a free copy of the FIR to the informant or victim immediately.

Key Landmark Precedents:

Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: The Constitution Bench settled that registration of an FIR is mandatory under Section 154 CrPC (Sec 173 BNSS) if information discloses a cognizable offence; no preliminary enquiry is permissible in heinous cases, and preliminary enquiry in other cases (matrimonial, commercial, medical negligence, corruption) must be completed within 14 days.
State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335: Held that the police officer has a non-discretionary statutory duty to register an FIR and embark upon investigation whenever cognizable allegations are made, without inquiring into the reliability or credibility of information at the threshold.
Youth Bar Association of India v. Union of India (2016) 9 SCC 473: Mandated the online uploading of all FIRs within 24 to 48 hours of registration to ensure transparency and enable accused persons to seek pre-arrest legal remedies.

Legal Commentary:

Section 173 is the primary gateway to the criminal justice apparatus. The formal statutory codification of Zero FIR and e-FIR eliminates the historical police malpractice of refusing to register complaints on territorial grounds. If an officer refuses to register an FIR, the citizen can appeal to the Superintendent of Police under Section 173(4) or approach the Judicial Magistrate under Section 175(3).