How to File an FIR in Delhi – Step-by-Step Legal Guide
Filing a First Information Report (FIR) is the initial step in the criminal justice process. In Delhi, FIR registration takes place under the Code of Criminal Procedure, 1973 (CrPC), which is now the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This article of CrimeInDelhi explains how to file an FIR in Delhi, both online and at a police station in Delhi, the legal rights of complainants, remedies against refusal, and applicable case law.
Once an FIR is registered and arrest follows, the next critical legal step is securing liberty through bail. Readers may refer to our detailed guide on the bail procedure in Delhi courts here:
Checklist for Drafting a Bail Application in Delhi Courts
What is an FIR? (Understand its Legal Meaning)
An FIR is information recorded by the police relating to the commission of a cognizable offence, which enables the initiation of an investigation. A cognizable offence (section 2(g) of BNSS 2023 is a serious crime for which police can arrest a person and start an investigation immediately, without a warrant or prior permission from the magistrate.
Relevant: Section 154 CrPC / Section 173 BNSS – Information in cognizable cases.
Case Law: Lalita Kumari v. State of Uttar Pradesh (2014)
FIR registration is mandatory when information discloses the commission of a cognizable offence.
When FIR Registration Is Mandatory
Under Section 173 BNSS, the police are legally bound to register an FIR where:
The complaint discloses a cognizable offence – The allegations are prima facie credible, and no preliminary enquiry is legally warranted.
Case Law: Lalita Kumari v. State of Uttar Pradesh (2014)
Non-registration of FIR violates Article 21 of the Constitution.
How to File an FIR in Delhi (Police Station)
Step-by-Step Procedure (BNSS)
- Visit the police station having territorial jurisdiction
- Give a written or oral complaint to the duty officer
- Police must produce the oral complaint into writing
- The complaint must be read over to the informant
- Informant signs the FIR
- A free copy of FIR must be supplied immediately
Section 173(2) BNSS – Informant entitled to a free copy of FIR.
How to File an FIR Online in Delhi
Delhi Police e-FIR facility remains operational for notified offences.
Digital recording of FIRs is permitted under the procedural flexibility introduced by BNSS, subject to police rules.
e-FIR Categories (Delhi Police Practice) – Theft, Missing persons, Lost articles, Cyber crime, Vehicle theft, Document loss.
Online FIR Process
- Visit Delhi Police e-FIR portal
- Select appropriate FIR category
- Fill personal details and incident description
- Upload supporting documents
- Submit OTP verification
- Download FIR acknowledgment
In practice, serious offences (rape, cheating, assault, POCSO, NDPS) still require physical FIR registration under Section 173 BNSS.
What If Police Refuse to Register FIR? (BNSS)
If the police decline to register an FIR:
Section 173(4) BNSS – If the SHO refuses to register FIR, the complainant may send the information in writing to: Deputy Commissioner of Police (DCP) or Commissioner of Police.
If satisfied, the senior officer shall either investigate the case or direct FIR registration.
Application Before Magistrate – Section 176(3) BNSS – The Magistrate may: Direct police to register FIR, Order investigation, or Monitor investigation.
Case Law: Sakiri Vasu v. State of UP (2008)
The magistrate has the power to order FIR registration and investigation.
Documents Required for FIR in Delhi
- Identity proof (photo proof)
- Address proof
- Incident details
- Supporting documents
- Electronic evidence (if any)
In BNSS, electronic records are admissible subject to digital evidence rules.
Where FIR registration ultimately results in arrest, the accused is entitled to seek bail as a matter of right or discretion, depending on the offence.
A practical overview is provided in our bail checklist for Delhi courts:
Checklist for Drafting a Bail Application in Delhi Courts
Time Limit for FIR Registration
There is no statutory limitation period under BNSS for FIR filing. However, delay must be reasonably explained.
Zero FIR – Position under BNSS
Although not expressly codified, Zero FIR continues to operate under judicial mandate. Case Law: Lalita Kumari v. State of UP (2014)
FIR can be registered at any police station irrespective of territorial jurisdiction.
Legal Consequences for filing a false FIR:
Filing a false FIR is punishable under:
- Section 182 IPC / 217 BNS equivalent
- Section 211 IPC / 229 BNS equivalent
Punishment includes Fine, Imprisonment, or both.
Filing an FIR is not a matter of discretion but a statutory duty of the police. Delhi residents are entitled to prompt FIR registration, a free copy, and legal remedies in case of refusal. With BNSS 2023 introducing procedural continuity, the core jurisprudence governing FIR registration remains intact.
FAQs related to filing FIR in Delhi
Can FIR be filed at any police station?
Yes. Zero FIR remains legally valid post-BNSS.
Is online FIR legally valid?
Yes, for notified categories under Delhi Police rules, read with Section 173 BNSS.
Can FIR be registered on email?
Delhi Police accepts complaints by email, which may be converted into an FIR.
Can FIR be withdrawn?
No. FIR cannot be withdrawn. Only the High Court may quash an FIR.
