Introduction
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure for giving and recording information relating to the commission of a cognizable offence. It is the principal provision governing the registration of information that can set the criminal investigation process in motion.
- Introduction
- Meaning of Section 173
- Statutory Basis
- Object and Purpose
- Nature of Section 173
- Essential Elements of Section 173
- Special Procedure for Women
- Special Procedure for Persons with Mental or Physical Disabilities
- Copy of Information to Informant or Victim
- Preliminary Inquiry under Section 173(3)
- Is Preliminary Inquiry Mandatory?
- Procedure under Section 173
- Refusal by Police to Record Information
- Rights of the Informant and Victim
- Section 173 and Zero FIR
- Section 173 and FIR
- Important Distinctions
- BNSS and CrPC
- Constitutional Connection
- Important Case Law
- Common Confusions
- Topic at a Glance
- Quick Revision
- Conclusion
The provision substantially corresponds to Section 154 of the Code of Criminal Procedure, 1973 (CrPC), but BNSS introduces important procedural changes, particularly by expressly recognising electronic communication, permitting information to be given irrespective of the area where the offence was committed, and creating a statutory preliminary inquiry mechanism for specified offences.
Meaning of Section 173
Section 173 applies when information relating to the commission of a cognizable offence is given to the officer in charge of a police station.
Under Section 173(1), such information may be given:
- orally; or
- by electronic communication.
The information may be given irrespective of the area where the offence was committed.
This is particularly significant because the initial reporting of a cognizable offence is not defeated merely because the police station receiving the information is outside the territorial jurisdiction in which the offence occurred.
Statutory Basis
| Provision | Subject |
| Section 173(1) | Information relating to cognizable offences |
| Section 173(2) | Copy of recorded information |
| Section 173(3) | Preliminary inquiry in specified cases |
| Section 173(4) | Remedy where police refuse to record information |
| Section 175 | Police officer’s power to investigate cognizable cases |
| Section 176 | Procedure for investigation |
| Section 183 | Recording of confessions and statements |
Object and Purpose
Section 173 serves as the first procedural point of contact between the criminal justice system and information concerning a cognizable offence.
Its principal purposes are to:
- provide a formal mechanism for reporting cognizable offences;
- ensure that information is properly recorded by the police;
- facilitate commencement of investigation;
- provide a copy of the recorded information to the informant or victim;
- facilitate electronic reporting;
- protect persons reporting specified offences through special recording procedures; and
- provide a remedy where the police refuse to record information.
Nature of Section 173
Section 173 is primarily a procedural provision.
It does not itself create a criminal offence or prescribe punishment. Instead, it regulates the manner in which information concerning a cognizable offence is communicated to and recorded by the police.
The provision is closely connected with the investigation provisions that follow it.
Essential Elements of Section 173
1. Information must concern a cognizable offence
The provision applies to information relating to the commission of a cognizable offence.
A cognizable offence is one for which the police have the statutory power to arrest without warrant, subject to the applicable conditions, and to investigate according to the law without requiring a prior order of a Magistrate.
2. Information may be given orally
Where information is given orally, the officer in charge of the police station, or a person acting under the officer’s direction, must reduce it to writing.
The information must then be:
- read over to the informant;
- acknowledged by the informant as correctly recorded; and
- signed by the person giving the information.
The substance of the information is entered in the prescribed record maintained by the police station.
3. Information may be given electronically
Section 173 expressly recognises electronic communication as a method of providing information concerning a cognizable offence.
Where information is given electronically, it is taken on record after being signed by the person giving it within three days.
This is one of the significant technological changes introduced by BNSS.
4. Information may be given irrespective of the area of occurrence
Section 173(1) expressly provides that information may be given irrespective of the area where the offence is committed.
This statutory language supports the practice commonly referred to as a Zero FIR.
The police station receiving the information cannot simply refuse to receive it at the initial stage merely because the alleged offence occurred outside its territorial jurisdiction.
Territorial jurisdiction remains relevant to the subsequent investigation and trial, but it does not prevent the initial reporting contemplated by Section 173.
Special Procedure for Women
Section 173 contains special safeguards where a woman gives information alleging the commission or attempted commission of specified offences under the Bharatiya Nyaya Sanhita, 2023.
In such cases, the information must be recorded by a woman police officer or any woman officer.
The purpose is to provide a more appropriate and sensitive mechanism for recording information concerning specified offences against women.
Special Procedure for Persons with Mental or Physical Disabilities
Section 173 also provides additional safeguards where the person against whom specified offences are alleged is temporarily or permanently mentally or physically disabled.
The information must be recorded:
- at the residence of the person seeking to report the offence; or
- at a convenient place of that person’s choice.
The recording must take place in the presence of an interpreter or special educator, as applicable.
The process must also be videographed.
The police officer must further get the statement of such person recorded by a Magistrate under the relevant provision of Section 183 as soon as possible.
These safeguards are designed to make the reporting process accessible and less burdensome for persons with disabilities.
Copy of Information to Informant or Victim
Section 173(2)
A copy of the information recorded under Section 173(1) must be provided forthwith and free of cost to:
- the informant; or
- the victim.
This is an important procedural safeguard.
The informant or victim can therefore verify what information has been officially recorded by the police.
Preliminary Inquiry under Section 173(3)
Section 173(3) introduces an express statutory mechanism for preliminary inquiry in a limited category of cognizable cases.
It applies where the information relates to a cognizable offence punishable with:
- three years or more, but
- less than seven years of imprisonment.
In such a case, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary inquiry.
The officer must consider:
- the nature of the offence; and
- the gravity of the offence.
The preliminary inquiry must be conducted within fourteen days.
The purpose is to ascertain whether a prima facie case exists for proceeding in the matter.
Is Preliminary Inquiry Mandatory?
No.
Section 173(3) does not require a preliminary inquiry in every cognizable case.
The statutory mechanism is limited to the specified category of offences punishable with three years or more but less than seven years.
Even within that category, the provision gives the officer in charge the power to conduct a preliminary inquiry, subject to the required prior permission.
Therefore, preliminary inquiry should not be confused with a universal prerequisite to registration of information concerning cognizable offences.
Procedure under Section 173
The basic mechanism can be understood in the following sequence:
Step 1: Information concerning a cognizable offence is provided to the police.
Step 2: The information may be given orally or electronically.
Step 3: If given orally, it is reduced to writing, read over to the informant and signed.
Step 4: If communicated electronically, it must be signed by the person giving it within three days.
Step 5: The information is entered in the prescribed police record.
Step 6: Where the statutory conditions are satisfied, a preliminary inquiry may be conducted with the required permission.
Step 7: The preliminary inquiry, where undertaken, must be completed within fourteen days.
Step 8: Where a prima facie case exists, the matter proceeds in accordance with the investigation provisions.
Step 9: A copy of the recorded information is provided forthwith and free of cost to the informant or victim.
Refusal by Police to Record Information
Section 173(4)
Section 173 provides a specific remedy when the officer in charge of a police station refuses to record information relating to a cognizable offence.
The aggrieved person may send the substance of the information:
- in writing; and
- by post,
to the Superintendent of Police concerned.
If the Superintendent of Police is satisfied that the information discloses the commission of a cognizable offence, the Superintendent may:
- investigate the case personally; or
- direct a subordinate police officer to investigate it.
The investigating officer then has the powers of an officer in charge of the police station in relation to that offence.
Where the person still does not obtain appropriate relief, an application may be made to the Magistrate.
Rights of the Informant and Victim
Section 173 provides several procedural safeguards.
The informant or victim is entitled to receive a free copy of the recorded information forthwith.
A person whose information is refused by the police also has an escalation mechanism through the Superintendent of Police and, where necessary, the Magistrate.
These safeguards are intended to ensure that the police do not improperly prevent cognizable offences from entering the criminal justice process.
Section 173 and Zero FIR
The concept of Zero FIR is particularly relevant to Section 173.
The provision expressly allows information to be given to a police station irrespective of the area where the offence was committed.
For example, if an offence occurs in City A but the victim reaches City B immediately afterwards, the victim can approach the police station in City B to provide information concerning the cognizable offence.
The territorial issue can be dealt with subsequently through the appropriate investigative mechanism. The initial reporting should not be defeated merely by territorial considerations.
Section 173 and FIR
The information recorded under Section 173 is commonly referred to as the First Information Report (FIR) when it satisfies the legal requirements applicable to an FIR.
The FIR is primarily a procedural document.
It sets the investigative machinery in motion and records the earliest information received by the police concerning the alleged commission of a cognizable offence.
An FIR is not, by itself, substantive evidence proving the truth of every statement contained in it.
Important Distinctions
Section 173 vs Section 174 BNSS
| Point | Section 173 | Section 174 |
| Subject | Information in cognizable cases | Information as to non-cognizable cases |
| Nature of offence | Cognizable | Non-cognizable |
| Police investigation | Governed by the cognizable-case investigation framework | Magistrate’s order required for investigation |
| Initial authority | Police | Police record information and follow Section 174 procedure |
| Territorial reporting | Information may be given irrespective of area | Governed by Section 174 |
FIR vs Complaint
| Point | FIR | Complaint |
| Made to | Police | Magistrate |
| Main purpose | Initiates police investigation concerning a cognizable offence | Invites Magistrate to take action according to complaint procedure |
| Governing framework | Section 173 | Complaint provisions of BNSS |
| Investigation | Police investigation may follow | May follow the Magistrate’s procedural directions |
BNSS and CrPC
Section 173 BNSS corresponds broadly to Section 154 of the CrPC, 1973.
| Aspect | CrPC, 1973 | BNSS, 2023 |
| Corresponding provision | Section 154 | Section 173 |
| Cognizable offence information | Recorded by police | Recorded by police |
| Oral information | Reduced to writing | Reduced to writing |
| Electronic communication | Not expressly incorporated in the original provision | Expressly recognised |
| Territorial reporting | Zero FIR developed through judicial interpretation and practice | Express statutory recognition through the words “irrespective of the area where the offence is committed” |
| Copy | Provided to informant | Provided forthwith and free of cost to informant or victim |
| Preliminary inquiry | Judicially recognised in limited circumstances | Express statutory mechanism under Section 173(3) |
| Remedy for refusal | Superintendent of Police and Magistrate | Sub-section (4) provides corresponding remedy |
The basic FIR framework has therefore been retained, while BNSS expressly incorporates electronic reporting and a statutory preliminary inquiry mechanism.
Constitutional Connection
Article 14
The police must exercise the power to receive and record information in a manner consistent with equality and non-arbitrariness.
Article 21
The registration and investigation of criminal cases directly affect personal liberty and therefore must operate according to fair and lawful procedure.
Article 22
Where the reporting of an offence leads to arrest, the constitutional safeguards concerning arrest and detention become relevant.
Section 173 itself principally governs information and its recording, rather than the complete law of arrest.
Important Case Law
Lalita Kumari v. Government of Uttar Pradesh
The Supreme Court held under the Section 154 CrPC framework that registration of an FIR is mandatory where the information discloses a cognizable offence. The Court also recognised limited circumstances in which a preliminary inquiry could be conducted.
The decision remains highly relevant to understanding the principles surrounding FIR registration. However, it was decided under the CrPC, and BNSS now contains an express statutory provision dealing with preliminary inquiry in specified cases.
Ramesh Kumari v. State (NCT of Delhi)
The Supreme Court emphasised the mandatory nature of FIR registration where information discloses a cognizable offence under Section 154 CrPC.
The decision is useful for understanding the foundational principle behind the statutory duty to record information relating to cognizable offences.
State of Haryana v. Bhajan Lal
The Supreme Court identified categories of circumstances in which criminal proceedings could be interfered with to prevent abuse of the process of law.
Although decided under the CrPC framework, the decision remains relevant to broader principles governing criminal investigation and the exercise of judicial powers in appropriate cases.
Common Confusions
Can an FIR be registered at a police station where the offence did not occur?
Yes.
Section 173 expressly permits information to be given irrespective of the area where the offence was committed.
Can information under Section 173 be submitted electronically?
Yes.
Electronic communication is expressly recognised. The person giving the information must sign it within three days.
Is preliminary inquiry compulsory before every FIR?
No.
Section 173(3) provides a limited preliminary inquiry mechanism for specified cognizable offences punishable with three years or more but less than seven years.
Who must give permission for preliminary inquiry?
Prior permission must be obtained from an officer not below the rank of Deputy Superintendent of Police.
How long can the preliminary inquiry continue?
The statutory period is fourteen days.
Is the copy of the recorded information free?
Yes.
The informant or victim is entitled to a copy forthwith and free of cost.
What if the police refuse to record the information?
The person may send the substance of the information in writing and by post to the Superintendent of Police and may subsequently approach the Magistrate where necessary.
Topic at a Glance
| Point | Position |
| Provision | Section 173, BNSS, 2023 |
| Subject | Information in cognizable cases |
| Corresponding CrPC provision | Section 154 |
| Information given to | Officer in charge of police station |
| Modes | Oral or electronic communication |
| Territorial restriction at reporting stage | No; information may be given irrespective of area of offence |
| Electronic information | Must be signed within three days |
| Copy | Forthwith and free of cost |
| Special protection | Women and persons with specified mental or physical disabilities |
| Preliminary inquiry | Permitted in specified offences punishable with 3 years or more but less than 7 years |
| Permission | Officer not below rank of Deputy Superintendent of Police |
| Time limit for preliminary inquiry | 14 days |
| Refusal remedy | Superintendent of Police, followed by Magistrate where necessary |
Quick Revision
- Section 173 BNSS = Information in cognizable cases.
- It broadly corresponds to Section 154 CrPC.
- Information may be given orally or electronically.
- It may be given irrespective of the area where the offence was committed.
- Oral information must be reduced to writing, read over to the informant and signed.
- Electronic information must be signed by the person giving it within three days.
- A copy of the recorded information must be given forthwith and free of cost to the informant or victim.
- Special safeguards apply to women reporting specified offences.
- Additional safeguards apply to persons with specified mental or physical disabilities.
- Information in such disability cases is recorded at the person’s residence or a convenient place of choice, in the presence of an interpreter or special educator, and is videographed.
- Section 173(3) provides for a preliminary inquiry in specified cognizable offences punishable with three years or more but less than seven years.
- Prior permission of an officer not below the rank of Deputy Superintendent of Police is required.
- The preliminary inquiry must be completed within 14 days.
- If police refuse to record information, the person may approach the Superintendent of Police and subsequently the Magistrate.
- Lalita Kumari remains important for FIR registration and preliminary inquiry, but it was decided under the CrPC.
- Section 173 should be distinguished from Section 174, which deals with non-cognizable cases.
ALSO READ: Section 172 – Persons bound to conform to lawful directions of police
Conclusion
Section 173 BNSS provides the primary procedural framework for bringing information about cognizable offences before the police. It preserves the core FIR mechanism of Section 154 CrPC while introducing important statutory recognition of electronic reporting and reporting irrespective of territorial area. The provision also incorporates safeguards for women and persons with specified disabilities and establishes a limited preliminary inquiry mechanism for a defined category of offences.
The provision therefore balances accessibility to the criminal justice system with procedural safeguards at the earliest stage of a criminal case. Its proper understanding is essential for distinguishing the reporting of a cognizable offence, the registration of an FIR, and the subsequent investigation under the BNSS.
