Know Your Rights Before Filing An FIR

Filing a First Information Report (FIR) is a crucial legal step for any victim or witness of a crime in India. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governs the process of FIR registration and outlines specific rights for every individual. Understanding these rights and the online FIR procedure helps ensure fair and transparent legal action.

What Are The Rights Related to FIR Filing?

1. Right to File an FIR. Every individual has the right to file an FIR if they witness or suffer from a cognizable offence, a crime where the police can arrest without a warrant. Under Section 173 of the BNSS, police must register an FIR if the information indicates a cognizable offence.
2. Right to Receive FIR Copy. Once the FIR is registered, the complainant has the right to receive a free copy of the FIR. This is mandated under Section 173(2) of the BNSS.
3. Right to Assistance While Filing. If a person cannot write the FIR, they can dictate it to a police officer. The officer must write it exactly as stated. The complainant can ask the officer to read it back before signing.
4. Right to Legal Help. Legal representation is not required to file an FIR. However, legal assistance can help ensure accurate and complete reporting of the crime.
5. Right to File Zero FIR. If the crime occurs outside the local police station’s jurisdiction, a person can file a Zero FIR at any police station. That station must transfer the FIR to the correct jurisdiction.

More Rights

1. Right Against Police Refusal. If the police refuse to register an FIR you can contact the Superintendent of Police under Section 173(3) of BNSS. File a complaint directly with a Magistrate under Section 175(3) of BNSS.
   Send your complaint by post to the Superintendent of Police, who may investigate or order a subordinate officer to act.
2. Right to Track FIR Status. The complainant can request updates from the police regarding the progress of the investigation. Police are obligated to provide regular updates.
3. Right to Seek Police Protection. If the complainant feels threatened after filing an FIR, they can request police protection, especially in serious or sensitive cases.
4. Right to Defend Against False FIR. If falsely accused, the person can approach the court to quash the FIR under Section 482 of BNSS or file a writ petition under Article 226 of the Constitution.

How to File an FIR Online in India

Online FIR filing is available through official state police portals. Here’s a step-by-step process:

1.Visit the State Police Website.
Register or Log In. Create an account or log in. This helps track FIR status and receive updates.
Navigate to the FIR Section. Click on “Lodge FIR” or “Report a Crime”. This section is typically visible on the homepage.
Enter Required Details
Fill out the form with:
Name, contact info, and address.

Crime details: date, time, and location.

Suspect details (if available).

Short description of the incident.

2. Upload Evidence
Attach photos, videos, or documents related to the crime, if any.

3. Submit the FIR
Review all the details and click “Submit”. You will get a reference number for tracking.

4. Receive Acknowledgment
The system will generate a digital acknowledgment with the FIR number and

key information.

5. Track the FIR Status
Use your FIR number on the portal to track progress of the investigation.

What Are Some Important Tips for Online FIR

1. Ensure that the FIR is filed in the correct jurisdiction. Filing in the wrong area may cause delays.
2. Filing false FIRs is a punishable offence. Make sure all facts are accurate and truthful.
3. Not all crimes can be reported online. Minor offences may require a personal visit to the police station.

What Is The Centralized Procedure For E-FIR

The Centralized National Portal (CNP) now offers e-FIR filing. Here’s how it works:

1. A police officer checks if the complaint qualifies as a cognizable offence punishable up to 3 years.
2. The filing is based on offence type. For offences punishable up to 3 years, the Officer files the FIR using Annexure-C, including all legal and incident details. (Within 3 days). For offences punishable above 3 years.
3. The Officer follows Section 173 of BNSS. (Within 3 days).
4. For Non-Cognizable Offence the Officer gives written reasons for non-registration.
5. This is updated under the “STATUS” tab. The case proceeds as per Section 174 of BNSS.
6. Once registered, the officer informs the complainant via SMS, email, or through the portal.
7. The informant must sign the e-FIR within 3 days. Unsigned FIRs are not valid and will be deleted from the portal.

Conclusion

Knowing your FIR rights and the online filing process ensures you can report crimes confidently and securely. The BNSS framework strengthens transparency and accountability in the criminal justice system. Whether offline or online, every citizen has the right to seek justice efficiently and lawfully.