How to Draft an FIR or Complaint Under BNS and BNSS: Step-by-Step Guide to the New Criminal Laws

Oct 7

11 min read

Since 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs how criminal cases begin in India, and the Bharatiya Nyaya Sanhita, 2023 (BNS) defines the offences. For advocates and law students, the first practical skill has not changed: knowing how to draft a First Information Report (FIR) or a criminal complaint that is accurate, complete and able to withstand scrutiny at every later stage.

This guide explains, step by step, how to draft an FIR under Section 173 of BNSS, what to do when the police refuse to register it, and how to draft a complaint before a Magistrate under Section 223 of BNSS. It also maps the old CrPC and IPC sections to the new ones and includes a sample format you can adapt.

Quick Answer: How Do You Draft an FIR Under BNSS?

To draft an FIR under BNSS: (1) confirm the offence is cognizable, (2) collect facts, dates, names and documents, (3) identify the correct BNS sections, (4) write a chronological, factual account addressed to the Station House Officer, (5) submit it orally, in writing or electronically under Section 173, (6) sign it only after reading it, and (7) collect a free copy. If the police refuse, send the substance to the Superintendent of Police under Section 173(4) and then apply to the Magistrate under Section 175(3).

FIR vs Complaint Under the New Criminal Laws

What Is an FIR Under BNSS?

An FIR is the first information given to the police about a cognizable offence. Section 173 of BNSS has replaced Section 154 of the Code of Criminal Procedure, 1973 (CrPC). It triggers the police duty to register the case and begin investigation.

What Is a Complaint Under BNSS?

A complaint is an allegation made to a Magistrate that a person has committed an offence, made so that the Magistrate takes action. Private complaints are now dealt with under Section 223 of BNSS (earlier Section 200 CrPC). It is also the usual route for non-cognizable offences, where the police can investigate only with the Magistrate's order (Section 174 BNSS, earlier Section 155 CrPC).

Key Differences at a Glance

Filed with: an FIR goes to the police; a complaint goes to the Magistrate.
Type of offence: an FIR is for cognizable offences; a complaint can be filed for any offence.
Governing provision: Section 173 BNSS for an FIR; Section 223 BNSS for a complaint.
What happens next: the police investigate after an FIR; the Magistrate examines the complainant on oath and decides whether to take cognizance after a complaint.

Old Section vs New Section: Quick Reference

Procedure: CrPC to BNSS

Section 154 CrPC (FIR) is now Section 173 BNSS.
Section 155 CrPC (non-cognizable information) is now Section 174 BNSS.
Section 156(3) CrPC (Magistrate directing investigation) is now Section 175(3) BNSS.
Section 200 CrPC (examination of complainant) is now Section 223 BNSS.
Section 173 CrPC (police report or chargesheet) is now Section 193 BNSS.
Section 190 CrPC (cognizance) is now Section 210 BNSS.

Offences: IPC to BNS (Commonly Used in FIRs)

Murder: Section 302 IPC is now Section 103 BNS.
Culpable homicide not amounting to murder: Section 304 IPC is now Section 105 BNS.
Death by negligence: Section 304A IPC is now Section 106 BNS.
Rash driving: Section 279 IPC is now Section 281 BNS.
Voluntarily causing hurt: Section 323 IPC is now Section 115 BNS.
Voluntarily causing grievous hurt: Section 325 IPC is now Section 117 BNS.
Theft: Section 379 IPC is now Section 303 BNS.
Robbery: Section 392 IPC is now Section 309 BNS.
Cheating: Section 420 IPC is now Section 318 BNS.
Criminal breach of trust: Section 406 IPC is now Section 316 BNS.
Cruelty by husband or relatives: Section 498A IPC is now Section 85 BNS.
Rape: Section 376 IPC is now Section 64 BNS.
Assault or criminal force to a woman with intent to outrage modesty: Section 354 IPC is now Section 74 BNS.
Criminal intimidation: Section 506 IPC is now Section 351 BNS.
Criminal conspiracy: Section 120B IPC is now Section 61 BNS.
Defamation: Sections 499 and 500 IPC are now Section 356 BNS.

Always verify the exact sub-section against the bare Act before filing, because BNS often splits one IPC section into several sub-sections with different punishments.

Step-by-Step Guide to Drafting an FIR Under Section 173 of BNSS

Step 1: Confirm the Offence Is Cognizable

The police must register an FIR when the information discloses a cognizable offence, meaning one for which they can ordinarily arrest without a warrant (see the First Schedule of BNSS). The Supreme Court held in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, that registration is mandatory in such cases. If the offence is non-cognizable, the police record the information and refer the informant to the Magistrate under Section 174 BNSS.

Zero FIR: Jurisdiction Is Not a Valid Ground for Refusal

Section 173 of BNSS allows an FIR to be registered irrespective of the area where the offence was committed. The police station that receives the information registers a Zero FIR and transfers it to the station with jurisdiction. Do not accept a refusal merely because the incident happened in another police station's area.

Step 2: Gather Facts, Names and Documents

An FIR is only as strong as the facts behind it. Before writing, collect the following.

Facts Checklist (The 5 Ws and 1 H)

What happened, in the order it happened.
When: date and time, or the best approximate window.
Where: the exact place, with landmarks.
Who: names, aliases or descriptions of the accused, and the names of witnesses.
Why: motive or background, if known.
How: the sequence of acts, weapon, vehicle number or mode used.

Documents and Material to Attach or Preserve

Identity proof of the informant.
Medical report or medico-legal certificate in injury cases.
Photographs and videos with date and location details.
Call records, chats, emails and bank statements in cheating or cyber matters.
Agreements, cheques, receipts and property papers in financial and property disputes.
Vehicle registration and insurance details in accident cases.

Practical Tip on Electronic Evidence

Preserve electronic evidence in its original form and note the device and date. Do not edit or crop screenshots. At trial, electronic records must satisfy the certificate requirements of Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.

Step 3: Identify the Correct BNS Sections

Match the facts to the offences, but do not over-charge. The police will finalise the sections after investigation, yet the sections mentioned by the informant help classify the case correctly at the start. Where several offences arise, for example cheating, criminal breach of trust and forgery, list each one with the facts that support it. Refer to common intention (Section 3(5) BNS) or criminal conspiracy (Section 61 BNS) only when the facts show group action. Check the date of occurrence first: BNS applies to offences committed on or after 1 July 2024, while earlier offences continue to be governed by the IPC.

Step 4: Write the FIR: Structure and Language

Write in clear, plain language, in the first person and in chronological order. Avoid legal conclusions and exaggeration. State only facts within your knowledge, and separate what you saw from what you were told by others.

Recommended Structure of the FIR

Address: The Station House Officer, name of police station, district and state.
Subject line: information of a cognizable offence under the relevant sections of the Bharatiya Nyaya Sanhita, 2023.
Informant details: full name, parent's or spouse's name, address, mobile number and email.
Date, time and place of occurrence, and when and how the informant came to know.
Facts in numbered paragraphs, in the order they occurred.
Accused details: names, addresses and descriptions, or a statement that they are unknown persons.
Witnesses, injuries, and the loss or property involved with its approximate value.
Reason for delay in reporting, if any.
Prayer: register the FIR, investigate, take legal action and supply a free copy.
Signature, date, place and a list of enclosures.

Explain Any Delay Clearly

A delay is not fatal if it is explained. State plainly why you could not report earlier, for example hospitalisation, fear of the accused or a search for the missing person.

Do Not Leave Out Core Facts

Material omissions in an FIR can later be used to contradict the informant and witnesses. An FIR need not be an encyclopaedia, but it must carry the core allegation, the role of each accused and the key time and place.

Step 5: Submit the Information: Oral, Written or Electronic

Under Section 173(1) of BNSS, information may be given orally, in writing or by electronic communication. If it is given orally, the officer must reduce it to writing and read it over to the informant, and the informant must sign it. If it is given electronically, it is taken on record when the informant signs it within three days of giving it.

Offences against women under BNS Sections 64 to 71, 74 to 79, 143 and 144: the information is to be recorded by a woman police officer or any woman officer.
Where the victim is temporarily or permanently mentally or physically disabled: the information is recorded at the victim's residence or a convenient place, in the presence of an interpreter or special educator, and the recording is to be videographed.

Step 6: Read, Sign and Collect a Free Copy

Read the recorded FIR carefully and correct errors before signing. Section 173(2) of BNSS requires a copy of the recorded information to be given forthwith, free of cost, to the informant or the victim. Keep the FIR number, date and the name of the officer for follow-up.

Step 7: What to Do If the Police Refuse to Register the FIR

Write to the Superintendent of Police (Section 173(4) BNSS)

If the officer in charge of the police station refuses, the aggrieved person may send the substance of the information in writing and by post to the Superintendent of Police. If the Superintendent is satisfied that it discloses a cognizable offence, he must investigate the case himself or direct an investigation. Keep proof of dispatch.

Apply to the Magistrate (Section 175(3) BNSS)

If the Superintendent also does not act, apply to the jurisdictional Magistrate under Section 175(3) BNSS. The application must be supported by an affidavit and should record that the remedy under Section 173(4) was tried. After making such inquiry as he thinks necessary and considering the submissions of the police officer, the Magistrate may order an investigation.

Writ Remedy in Appropriate Cases

A writ petition before the High Court under Article 226 of the Constitution remains available in appropriate cases, but courts generally expect the statutory remedies to be exhausted first.

Step 8: Follow Up After Registration

Preliminary enquiry: for cognizable offences punishable with imprisonment of three years or more but less than seven years, Section 173(3) BNSS allows an officer not below the rank of Deputy Superintendent of Police, with prior permission, to hold a preliminary enquiry within fourteen days to check whether a prima facie case exists.
Progress updates: the police must inform the informant or victim of the progress of investigation within ninety days (Section 193(3)(ii) BNSS).
Serious offences: for offences punishable with seven years or more, BNSS requires a forensic expert to visit the crime scene (Section 176(3) BNSS), so identify and protect the scene early.

How to Draft a Criminal Complaint Before a Magistrate Under Section 223 BNSS

A complaint is the right vehicle when the police have not acted despite Sections 173(4) and 175(3), when the offence is non-cognizable, or when the dispute is essentially private. The drafting discipline is the same as for an FIR, with additional court formalities.

Contents of a Complaint

Court heading: In the Court of the Chief Judicial Magistrate or Judicial Magistrate First Class, with place.
Cause title: complainant versus accused, with full addresses.
Jurisdiction paragraph: why this Magistrate can try or take cognizance of the offence.
Facts in numbered paragraphs, with dates and documents.
Offences alleged, with BNS sections and the facts that satisfy each ingredient.
Earlier steps: approach to the police, the Superintendent of Police and the result.
List of witnesses and documents relied upon.
Prayer: take cognizance, examine the complainant and witnesses, issue process and summon the accused.
Verification, signature and a supporting affidavit where required.

What the Magistrate Does Under Section 223 BNSS

The Magistrate examines the complainant and witnesses on oath. A significant change under BNSS is that cognizance cannot be taken without giving the accused an opportunity of being heard. Where the accused is a public servant and the act relates to the discharge of official duty, the Magistrate must also receive a report from the officer superior to the public servant and give the public servant an opportunity to make assertions about the situation that led to the incident.

Drafting Implication

Draft the complaint on the assumption that the accused will be heard before cognizance. Be precise on facts, put the strongest documents on record at the outset and avoid claims you cannot support.

Common Mistakes to Avoid While Drafting an FIR or Complaint

Vague dates, places and names that make the allegation impossible to verify.
Mixing opinion, speculation or legal arguments with facts.
Quoting IPC and CrPC section numbers for an offence committed after 1 July 2024.
Leaving out an accused person or the specific role of each accused.
Failing to explain a delay in reporting.
Signing without reading the recorded version, or not collecting the free copy.
Skipping the Section 173(4) step before approaching the Magistrate under Section 175(3).

Sample FIR Format (Adapt to Your Facts)

The format below is a general template. Replace the bracketed placeholders and add or delete paragraphs as the facts require.

To, The Station House Officer, Police Station [Name], District [Name], State [Name]. Date: [DD/MM/YYYY]. Subject: Information of a cognizable offence under Sections [__] of the Bharatiya Nyaya Sanhita, 2023. Sir or Madam, I, [Name], son, daughter or wife of [Name], aged [__] years, resident of [Address], mobile [__], give the following information under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 1. On [date] at about [time], at [place], [name or description of the accused] did [act], in the presence of [witnesses]. 2. [Describe the next event in sequence, including words used, force or weapon, injury caused or loss suffered.] 3. The accused persons are [names, addresses, descriptions]. The witnesses are [names and addresses]. 4. The loss or injury is [details, with approximate value]. The delay of [__] in reporting is because [reason]. I request that an FIR be registered under the relevant sections of the Bharatiya Nyaya Sanhita, 2023, that the matter be investigated and appropriate action taken, and that a free copy be supplied to me under Section 173(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Enclosures: [list of documents]. Signature: [Name], Place: [__], Date: [__].

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Frequently Asked Questions (FAQs)

Which section of BNSS deals with the FIR?

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with information in cognizable cases, that is, the FIR. It replaced Section 154 of the CrPC and applies to proceedings under the new criminal laws from 1 July 2024.

Can an FIR be filed online or by email under BNSS?

Yes. Section 173(1) of BNSS permits information to be given by electronic communication. The police record it on being signed by the informant within three days of giving it, so the informant must follow up and sign within that period.

What is a Zero FIR and can the police refuse to register it?

A Zero FIR is an FIR registered at any police station irrespective of where the offence occurred. The station then transfers it to the police station with jurisdiction. Lack of territorial jurisdiction is not a valid ground to refuse registration of a cognizable offence.

What can I do if the police refuse to register my FIR?

Send the substance of the information in writing and by post to the Superintendent of Police under Section 173(4) of BNSS. If no action follows, apply to the Magistrate under Section 175(3) with a supporting affidavit. A writ petition under Article 226 is also available in appropriate cases.

What is the difference between an FIR and a complaint under Section 223 of BNSS?

An FIR is given to the police for a cognizable offence and starts a police investigation. A complaint under Section 223 is made to a Magistrate, who examines the complainant on oath and, after hearing the accused, decides whether to take cognizance. A complaint can relate to any offence, including non-cognizable ones.

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Disclaimer

This article is for educational purposes and is not legal advice. Statutory provisions and judicial interpretation can change, so verify sections against the bare Acts and consult a qualified advocate for your specific facts.