BNSS 2023 — FIR and Investigation Procedures (Sections...

Last Updated: May 2026

BNSS 2023 — FIR and Investigation Procedures (Sections 173-176) are among the most important provisions tested in PCS-J Mains and APO 2026-27 papers. The Bharatiya Nagarik Suraksha Sanhita, 2023, replaced the CrPC, 1973, on 1 July 2024, materially altering how FIRs are registered, classified, and investigated. This guide compiles the new provisions, citations, comparative table with old CrPC, and 30 PCS-J style practice MCQs.

Quick Facts: BNSS Sections 173-176 for Judiciary 2027

Aspect	Detail
Replaces	CrPC Sections 154-159
BNSS 2023 enforced	1 July 2024
Key innovation	Zero-FIR statutorily codified; e-FIR added
Preliminary inquiry	Mandatory for offences punishable 3-7 years (new)
Time limit for preliminary inquiry	14 days (new)
PCS-J/APO weightage	4-6 marks every paper

Section 173 BNSS — Information in Cognizable Cases

Section 173(1): Every information regarding a cognizable offence shall be reduced to writing — orally or electronically, by signature.
Section 173(1) proviso (NEW): Information may be given by electronic communication; signature required only after 3 days for record keeping.
Section 173(3) (NEW): For offences punishable with imprisonment 3-7 years, the SP-rank officer may order a preliminary inquiry within 14 days before registering FIR — to ascertain whether a prima facie case exists.
Substance to be entered in a book per State Govt-prescribed form (FIR register).
Copy of FIR shall be given free of cost forthwith.

Section 174 BNSS — Information in Non-Cognizable Cases

Officer-in-charge enters the substance in book and refers informant to the Magistrate.
Police shall not investigate without an order of the Magistrate (Sec 174(2)).
Magistrate empowered under Section 175 BNSS to order investigation.

Section 175 BNSS — Magistrate’s Power to Order Investigation

Magistrate empowered to take cognizance under BNSS Section 210 may direct an investigation.
Sec 175(3) (NEW): Magistrate, on application, must consider information received from sources before refusing investigation; reasons must be recorded.

Section 176 BNSS — Procedure for Investigation

Officer-in-charge of police station (or any subordinate above SI) may investigate cognizable offences without Magistrate’s order.
Sec 176(1) proviso (NEW): For offences against women carrying ≥7 years imprisonment, video recording of victim’s statement is mandatory.
Sec 176(3) (NEW): Forensic team must visit the scene of crime and collect samples for offences punishable ≥7 years.
Sub-section detailing arrest, search and witness summoning during investigation.

BNSS vs Old CrPC — Comparison

Aspect	CrPC §154-157	BNSS §173-176
FIR mode	Oral / written only	Includes electronic (e-FIR)
Preliminary inquiry	Court-evolved (Lalita Kumari)	Statutorily codified, 14-day cap
Zero FIR	Court-evolved	Statutorily recognised
Forensic visit ≥7 yrs	Discretionary	Mandatory (Sec 176(3))
Video recording of women victims	Discretionary	Mandatory (Sec 176)
Time to refuse investigation	Implicit	Recorded reasons mandatory

Landmark Cases on FIR Procedure

1. Lalita Kumari v. State of UP (2014)

5-judge bench held FIR registration mandatory for cognizable offences disclosing prima facie commission. Limited preliminary inquiry to specific categories (matrimonial, commercial, medical negligence, corruption, abnormal delay). BNSS Sec 173(3) codifies a modified version of this ruling.

2. Satvinder Kaur v. State (1999)

Established that an FIR registered at any police station regardless of jurisdiction is valid (foundation of zero FIR). Now codified.

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3. T.T. Antony v. State of Kerala (2001)

Bar on second FIR for the same incident if a counter case is involved. Continues to apply under BNSS.

4. Pooja Pal v. UoI (2016)

Right to receive copy of FIR — held to be mandatory and free; codified in BNSS Sec 173.

5. Vinubhai Haribhai Malaviya v. State of Gujarat (2019)

Magistrate may order further investigation post chargesheet — power survives BNSS.

Practice Strategy for PCS-J / APO 2027

Memorise the differences between BNSS and CrPC sections — most papers ask comparison MCQs.
Master Lalita Kumari guidelines and how BNSS Sec 173(3) codifies them.
Practice short-answer questions on Sec 176 forensic visits — appears in both prelims and mains.
Read parallel BSA Sec 61 (electronic records admissibility) for cross-doctrine fluency.

FAQ — BNSS Sections 173-176 for Judiciary 2027

Q1. Can an FIR now be filed electronically under BNSS?

Yes — Section 173(1) proviso allows information by electronic communication. The complainant must sign within 3 days for the FIR to be formalised. This codifies several state-level e-FIR systems.

Q2. When is a preliminary inquiry mandatory under BNSS?

For offences punishable with imprisonment between 3 and 7 years. The SP-rank officer must complete the inquiry within 14 days and decide whether to register an FIR (Section 173(3)).

Q3. Is forensic investigation now mandatory for serious offences?

Yes — Section 176(3) BNSS requires a forensic team to visit the scene and collect samples for offences punishable with ≥7 years imprisonment. Failure may be a ground to question the prosecution evidence.

Q4. Has the doctrine of zero FIR been preserved?

Yes — codified through Section 173 read with Sec 175. Police cannot refuse FIR on jurisdictional grounds; the FIR is later transferred to the appropriate police station.

Q5. Does the principle of Lalita Kumari survive after BNSS?

Yes, partially. BNSS Sec 173(3) is narrower than Lalita Kumari (only 3-7 yrs offences). For offences carrying more than 7 years, FIR registration remains mandatory without preliminary inquiry, in line with Lalita Kumari.

Practice MCQs

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