Criminal Law

How to File an FIR in India — Step by Step Guide

4 min read

Updated: January 2024

Disclaimer: This guide is for general educational purposes only and is not legal advice. Laws may vary by state and change over time. Consult a qualified lawyer for advice specific to your situation.

How to File an FIR in India

What is an FIR?

An FIR (First Information Report) is the first step in the criminal justice process. It is a written document prepared by the police when they receive information about a cognizable offence.

You have the legal right to file an FIR under Section 154 of the Code of Criminal Procedure (CrPC).

Types of Offences

Before filing, understand the type:

Type Examples FIR Required?
Cognizable Theft, robbery, murder, rape, kidnapping Yes — police must register
Non-cognizable Assault, cheating (minor), defamation Police complaint/complaint to magistrate

Step-by-Step: How to File an FIR

Step 1: Go to the Correct Police Station

Go to the police station in whose jurisdiction the crime occurred. This is important.

Step 2: Meet the Station House Officer (SHO)

Request to speak with the SHO or duty officer. Clearly describe:

  • What happened
  • When it happened
  • Where it happened
  • Names of accused (if known)

Step 3: Give Your Statement

Your statement will be written down by the officer. Read it carefully before signing. Ask for corrections if needed.

Step 4: Get a Copy

You are legally entitled to a FREE copy of the FIR. If they refuse to give it, demand it — it is your right under Section 154(2) CrPC.

Step 5: Note the FIR Number

Keep this number safe — you will need it to track your case.

What If Police Refuse to File Your FIR?

This is illegal. Here is what to do:

Option 1: Zero FIR

A Zero FIR can be filed at any police station regardless of jurisdiction. The station is legally required to register it and forward it to the correct station.

Option 2: Complain to the Superintendent of Police

Send a written complaint (registered post) to the SP (Superintendent of Police) of your district. They must take action.

Option 3: Send Complaint to Magistrate

Under Section 156(3) CrPC, send your complaint directly to the Judicial Magistrate. The magistrate can order police to register the FIR.

Option 4: Online FIR / E-FIR

Most states now allow online FIR filing on the state police website. Search "[Your State] Police online FIR" to find the portal.

Important: Police cannot refuse to register an FIR for a cognizable offence. If they do, it is a violation of their duty and you can file a complaint against the officer.

What to Bring When Filing an FIR

  • Your Aadhaar Card / any photo ID
  • Any evidence you have (photos, screenshots, videos)
  • Witness names and contact details (if any)
  • Written notes describing the incident clearly

After Filing the FIR

  1. Track your case — use your state police portal
  2. If no action — approach the Superintendent of Police
  3. Hire a lawyer for serious offences
  4. Keep all documents — never give originals to police (only copies)

Important Rights at the Police Station

  • You do not have to answer questions without a lawyer for serious offences
  • Police cannot detain you for more than 24 hours without producing you before a magistrate
  • You have the right to inform a family member of your arrest
  • Women can only be arrested during daytime (6 AM to 6 PM) except in exceptional circumstances

Emergency Numbers

  • Police: 100
  • National Emergency Number: 112
  • Women Helpline: 1091
  • Cybercrime Helpline: 1930

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About This Guide

Category

Criminal Law

Reading Time

4 min read

Language

English

Updated

Jan 2024

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