KES’ Shri. Jayantilal H.

Patel Law College, Mumbai

A project submitted in partial fulfilment of the requirements for
The IX Semester of the B.A, LL.B Course

TOPIC: SECTION 173-INFORMATION IN COGNIZABLE CASES &

SECTION 289 AND 290, PLEA BARGAINING

By
SHIKHA UPADHYAY,
Fifth Year B.A, LL.B
DIVISION- B
ROLL NO –43

Subject: Bhartiya Nagrik Suraksha Sanhita

Under the Supervision of
Asst.Prof. Anushree Bhatt
Date: 25-09-2024
 Page 2 of 18

ACKNOWLEDGMENT

I would wish to express my special thanks of gratitude to my Bhartiya Nagrik

Suraksha Sanhita Asst. Prof. Anushree Bhatt for her vital support, motivation,
guidance, and encouragement without which this project could not have been
completed. It helped me in doing a lot of research and to gain knowledge.
I would also wish to continue my gratitude to I/c. Principal Viral Dave of KES’
Shri Jayantilal H. Patel Law College for providing me with all the facility that
was required.
I would also wish to thank my parents who helped me finishing this project within
a limited time.
 Page 3 of 18

INTRODUCTION

Sec. 174 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) (Sec. 154 CrPC)
deals with the First Information Report (FIR) i.e. first information of a cognizable
crime to the police. FIR is not defined in the Criminal Law, but it means
information relating to the commission of a cognizable offence given to the police
first in point of time. An FIR is a super important document as it starts the motion
of criminal procedures. And the police begin investigating a case only after the
FIR is filed.

With the introduction of the BNSS, new provisions havebeen brought to the FIR
process, such as 0-FIR, e-FIR and preliminary enquiry. So in this blog, you will
understand everything about FIR, why and how it is filed, what if it is refused, its
evidentiary value, Zero-FIR, E-FIR and changes in FIR under new criminal laws
in the easiest way, so let's get started!

• What is an FIR? Sec. 173 BNSS (CrPC 154)

FIR is a report of information that reaches the police first, and that is why it is
called the First Information Report. So as per Sec. 173 of Bharatiya Nagarik
Suraksha Sanhita 2023, FIR is any information relating to the commission of
the cognizable offence given to a police officer

• Here are some key points to note regarding FIRs:-

1. It is a written document prepared by the police when they

receive information about the commission of a cognizable offence.
 Page 4 of 18

2. It is generally a complaint lodged with the police by the victim of a

cognizable offence or by someone on his/her behalf.

3. Anyone can report the commission of a cognizable offence either orally or in

writing to the police. Even a telephonic message can be treated as an FIR.

Non-Cognizable Offence (non-serious

Cognizable Offence (serious crime)
crime)

Police can arrest without a warrant &

Police cannot arrest without warrant or
start an investigation on their own
investigation without court permission.
without a court order.

Instead of an FIR, a Non-Cognizable

An FIR is filed in such case.
Report (NCR) is filed by the police.
Ex- Rape, Murder, Kidnapping, etc.
Ex- Forgery, Cheating, Defamation, etc

In order to qualify as an FIR under Sec. 173 BNSS/Sec 154 CrPC, the
following essentials need to be fulfilled:

• It is an information relating to the commission of a cognizable offence;

• It is given by the informant either orally or in writing;

• If given orally, it should be reduced to writing by the officer in charge of a

police station or under his direction and if given in writing or reduced to
writing shall be signed by the person giving it;

• The substance of the information shall be entered in a book in such form

as the State Government may prescribe on this behalf. This book is called
'General Diary'.
 Page 5 of 18

• And then must be written down & signed by the informant, and its key
points should be recorded in a daily diary;

• At last copy of the FIR will be provided to the informant. And then FIR is
registered.

What happens after an FIR is filed?

1. The police will investigate the case and collect evidence in the form of
statements of witnesses or other scientific materials. They can also arrest
the alleged persons as per the law.

2. If sufficient evidence exists to corroborate the complainant's allegations, a

charge sheet will be filed. Otherwise, a Final Report mentioning that no
evidence was found will be filed in court.

3. If no offence has been committed, a cancellation report will be filed.

4. If no trace of the accused persons is found, an 'untraced’ report will be

filed.

5. However, if the court does not agree with the investigation report, it can
order further investigation.

• Proviso of Sec. 173 of BNSS

So sec. 173 of BNSS has 2 Provisos for specific situations:

1. For Women Victims: If the information relates to offences against

women under certain sections of the Bharatiya Nyaya Sanhita, 2023, (like
stalking, rape, etc.) the recording must be done by a woman police officer or
any woman officer. This ensures sensitivity and support for female victims.
 Page 6 of 18

2. For persons with disabilities: The information must be recorded at their

residence or another convenient location, with an interpreter or special
educator present if needed. The recording should be videographed for
accuracy, and the statement must be recorded by a Judicial Magistrate as soon
as possible for official documentation.

• Difference between FIR, Complaint and Police Report

Basis FIR Complaint Police Report/ Challan

Not
s. 2(1)(h) BNSS (s.
Defined under
2(d) CrPC) as any s. 2(1)(t) BNSS (s. 2(r) CrPC) as final
BNSS/ CrPC.
Definition allegation made report by police after investigation to
But Explained in
orally or in writing Magistrate
s. 173 BNSS (s.
to a Magistrate.
154 CrPC)

Any person,
Who can including the Any person who is
Investigating Officer
File? victim or aware of the offence.
witness.

Prescribed
format, recorded No prescribed format Detailed written document summarizing
Format
in writing, signed can be written or oral. investigation.
by informant.

To inform police To bring offence

Purpose about cognizable to notice of the To present findings of investigation
offence. Magistrate or police.

Both Cognizable &

Nature of Cognizable Based on the investigation of an FIR or
Non-Cognizable
Offense Offenses complaint.
offences
 Page 7 of 18

May lead to
Role in Starts police Concluding investigation may lead to
investigation or
Investigation investigation charges being filed.
dismissal.

Empowered under s.
Cannot take 210 BNSS (s. 190
Magistrate's cognizance of an CrPC) to take Uses police report to decide on framing
Power offence based cognizance of offence charges.
solely on FIR. upon a private
complaint.

In summons
FIR, once lodged case, complainant can
with the police withdraw a complaint
Not applicable (Police may close the
Withdrawal station, cannot be against all or any of the
case based on the report)
withdrawn by accused before a final
informant. order is passed (s. 280
BNSS/s. 257 CrPC)

Informant is not
bound to take an
Complainant must
Oath oath before the Not applicable
take an oath before the
Requirement police officer
Magistrate.
while lodging
FIR.

Is registration of FIR Mandatory? Lalita Kumari v. the State of U.P.

In this case, Lalita Kumari, a minor, filed a writ petition under Article 32 of the
Indian Constitution through her father, Shri Bhola Kamat, seeking a Writ of
Habeas Corpus to protect his kidnapped daughter. The petitioner's grievance was
that, on May 11, 2008, he submitted a written report to the officer in charge of the
police station, but no action was taken. The FIR was only registered after the
 Page 8 of 18

Superintendent of Police was transferred. The complainant claimed that no steps

were taken to either prosecute the kidnapper or rescue the minor child.

In the judgement of Lalita Kumari v. Govt. of U.P (W.P.(Crl) No; 68/2008), the
Supreme Court provided important guidelines on the registration of FIRs

• Supreme Court's Guidelines for FIR Registration:

1. Mandatory Registration: If the information indicates a cognizable

offence, the police must register an FIR immediately under Sec 154 of
CrPC. No preliminary inquiry is allowed in such cases.

2. Preliminary Inquiry: If the information does not clearly indicate a

cognizable offence but suggests the need for further investigation, a
preliminary inquiry can be conducted. This is to determine whether a
cognizable offence is involved.

3. Outcome of Inquiry: If the preliminary inquiry finds that a cognizable

offence has occurred, an FIR must be registered. If the inquiry leads to
closing the case, the informant must receive a copy of this decision within
one week, including a brief explanation for the closure.

4. Duty of Police: Police officers must register an FIR when a cognizable

offence is apparent. Officers who fail to do so should face disciplinary
action.

5. Scope of Preliminary Inquiry: The purpose of a preliminary inquiry is to

verify if the information discloses a cognizable offence, not to determine
its truthfulness.

6. Types of Cases for Inquiry: Preliminary inquiries may be appropriate in

cases such as matrimonial disputes, commercial crimes, medical
 Page 9 of 18

negligence, corruption, or significant delays in reporting. This list is

illustrative, not exhaustive.

7. Time Frame: Preliminary inquiries should be completed within 7 days.

Any delays must be recorded in the General Diary.

8. General Diary: All information about cognizable offenses, whether

resulting in an FIR or leading to an inquiry, must be meticulously
documented in the General Diary. The decision to conduct a preliminary
inquiry should also be recorded.

• What if the police refuse to register an FIR?

1. If a police officer refuse file an FIR, the aggrieved person can send
the complaint to the Superintendent of Police(SP)/Deputy
Commissioner Police (DCP) (S.173(4) of BNSS/ S. 154(3) CrPC). If the
SP/DCP is satisfied that such information discloses the commission of a
cognizable offence, they will either investigate the case, or direct an
investigation by a subordinate police officer.

2. If the FIR is still not registered, the aggrieved persons can file a complaint
before a Magistrate (S. 175(3) BNSS/ S. 156(3) CrPC). If the Court is
satisfied that a commission of cognizable offence happened, it will order
the police to register the FIR and start an investigation.

EVIDENTIARY VALUE OF FIR

FIR is not a substantive piece of evidence. FIR is not an evidence of the facts that
is mentioned in it. Being not recorded on oath, neither do such statements are the
 Page 10 of 18

product of cross-examination in a court of law, making an FIR not a substantial

piece of evidence. The only exception is the dying declaration.

Here's how its evidentiary value is generally understood:

A. Non- Accused:

• Corroborative Evidence (s. 160 BSA/ s. 157 Evidence Act): The FIR can
be used to corroborate the testimony of the person who filed it. If the person
testifies in court, the FIR can support their account of the events.

• Contradictory Evidence: If the FIR contradicts the evidence presented

later in the trial, it can be used by the defense to challenge the credibility
of the witness or the prosecution's case.

B. Accused:

• Confessional Statement: If the FIR contains a confession by the accused,

it is generally inadmissible as evidence against them in court (sec. 23 of
BSA)

• Non-Confessional: In cases where the FIR does not contain a confession,

it can serve as corroborative evidence. The non-confessional FIR primarily
records the incident and the accused's alleged involvement but does not
contain any admission of guilt by the accused.

What is Zero-FIR?

A zero-FIR is an important provision that allows anyone to report a crime at any

police station, irrespective of where the incident occurred. Here's how it works:

Report Anywhere: A Zero-FIR can be lodged at any police station, and they must
then transfer the documents to the police station with jurisdiction over the crime
scene.
 Page 11 of 18

Investigation Begins: Once transferred, the jurisdictional police station will

number the FIR and start the investigation.

Legal Provision for Zero-FIR

In BNSS, Section 173 replaces the old Section 154 of the CrPC. It says that:-

Reporting a Crime Anywhere: Information about a cognizable offence (a

serious crime that police can arrest without a warrant) can be reported regardless
of where it happened.

Ways to Report:

1. Orally:

• If the crime is reported orally, the police officer must write it down.

• The officer must then read the information back.

• The written information must be signed to confirm it.

2. Electronically:

• If the crime is reported through electronic communication, it must be

recorded by the police.

• The electronic report needs to be signed within 3 days for it to be officially

recorded.

Historical Context:

• The concept of Zero-FIR is not new and was recommended by the Ministry
of Home Affairs in 2015 for crimes against women.

• The Courts have also supported the registration of Zero-FIR in several

cases, emphasising the duty to record information about cognizable
offences and forward it to the appropriate police station.

• Now, BNSS makes it a legal provision to allow zero-FIR.

 Page 12 of 18

What is E-FIR?

Section 173 of BNSS allows for the registration of FIRs electronically. Here’s a
brief overview of how e-FIR works:

Step 1: Initiation: A complainant can submit a complaint electronically through

the official police e-FIR portal, police website, or any electronic communication.
This includes providing personal details, incident specifics, and supporting
documents.

Step 2: Verification and Preliminary Enquiry: The submitted e-FIR is

forwarded to the investigation officer for initial verification. If the offence is
punishable with imprisonment for three to seven years, a preliminary enquiry may
be conducted within 14 days with permission from a higher-ranking officer.

Step 3: Registration within 3 days: If the complaint is sent electronically, it must

be signed by the complainant within three days for it to be officially registered as
an FIR. This ensures timely action by the police.

Step 4: Copy of FIR: A free copy of the FIR must be provided to the informant
or victim immediately after it’s recorded, as per BNSS Section 173(2).

Step 5: Assignment and Investigation: The Station House Officer (SHO)

reviews the FIR and assigns it to an investigating officer, who then conducts the
investigation following standard procedures.

Preliminary Enquiry Under Section 173(3) of BNSS

Section 173(3) of BNSS introduces a statutory recognition to the preliminary

enquiry for specific cases. This applies to offences punishable with
imprisonment for 3 to 7 years.

Such an enquiry must be conducted with prior permission from an officer, not
below the rank of Deputy Superintendent of Police.
 Page 13 of 18

A. Timeframe for Preliminary Enquiry:

• The preliminary enquiry must be completed within 14 days if a prima facie

case is identified.

• If a prima facie case already exists, the officer must proceed directly with
the investigation.

B. Section 173(3) says:

- Upon receiving information about the commission of a cognizable offence

punishable by 3 to 7 years:

- With permission from a Deputy Superintendent of Police, considering the

offence's nature and gravity:

(i) Conduct a preliminary enquiry within 14 days to ascertain a prima facie

case.

(ii) Proceed with the investigation if a prima facie case is already

established.

C. Supreme Court Ruling in Lalita Kumari v. Government of Uttar Pradesh:

• The Supreme Court mandated that registering an FIR is obligatory if it

discloses the commission of a cognizable offence.

• No preliminary enquiry is permissible if a cognizable offence is evident.

• If the information doesn't clearly disclose a cognizable offence but suggests

the need for an enquiry, a preliminary enquiry may be conducted to
ascertain whether a cognizable offence is revealed.

D. Scope of Preliminary Enquiry:

 Page 14 of 18

• According to Lalita Kumari, the purpose of a preliminary enquiry is to

determine if the information indicates the commission of a cognizable
offence.

• The new provision sets the threshold for conducting a preliminary enquiry
to establish a prima facie case.

E. Categories for Preliminary Enquiry (Lalita Kumari): Preliminary enquiry

can be conducted in specific categories of cases, including:

(a) Matrimonial disputes/ family disputes.

(b) Commercial offences.

(c) Medical negligence cases.

(d) Corruption cases.

(e) Cases with abnormal delays in initiating criminal prosecution (e.g., delays
over 3 months without satisfactory explanation).

Conclusion

In wrapping up, knowing about Zero-FIR, E-FIR, and preliminary enquiries

under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) is really important
for everyone. These are new rules that make it easier to report crimes and get help
from the police quickly, no matter where something happened or how you tell
them about it.

Zero-FIR makes sure that every complaint about serious crimes gets recorded and
looked into, no matter where it happened. E-FIR is a faster and less stressful way
to get help.
 Page 15 of 18

So, understanding these new provisions helps us all be safer and know our rights
better. By knowing how to use them, we can make sure justice is fair and
accessible for everyone.

Plea Bargaining under Bharatiya Nagarik Suraksha Sanhita (BNSS)

Introduction

Plea bargaining aims at expediting the resolution of criminal cases by promoting

negotiations between the accused and the prosecution. In this article, we will
examine the concept of Plea bargaining under the Bharatiya Nagarik Suraksha
Sanhita (BNSS), which will be a brief overview of sections related to plea
bargaining under BNSS.

Application of Chapter (Section 289 BNSS):

The chapter of plea bargaining applies to an accused against whom a report has
been forwarded by the police alleging an offence, excluding those punishable by
death or imprisonment exceeding seven years. It also covers cases where a
Magistrate takes cognizance on complaint, with exceptions for offences
impacting socio-economic conditions, or crimes against women or children
below fourteen.

Procedure for Application (Section 290 BNSS):

An accused can file a plea bargaining application within thirty days of charge
framing. The application must include a case description, an affidavit by the
 Page 16 of 18

accused affirming voluntary participation, and a statement of no prior conviction

in a similar case. After receiving the application, the court notifies the Public
Prosecutor, complainant, and accused to appear.

Verification Process (Section 290, 291 BNSS):

There is a provision of court examination of the accused in camera to ensure

voluntary application. If satisfied, it provides time for parties to negotiate a
mutually satisfactory disposition, including compensation to the victim.
Guidelines for the process are laid out, ensuring voluntary participation by all
parties.

Reporting the Outcome (Section 292 BNSS):

If a mutually satisfactory disposition is reached, the court prepares a report signed

by the presiding officer and participants. If not, the court records observations
and proceeds accordingly.

Disposition of the Case (Section 293 BNSS):

When a satisfactory disposition is achieved, the court awards compensation,

considers punishment, and follows specific procedures. It may release the
accused on probation, provide benefits under relevant laws, or impose reduced
sentences based on the nature of the offence and the accused's criminal history.

Court Judgment (Section 294, 295 BNSS):

 Page 17 of 18

The court delivers its judgment openly, and it is deemed final. Except for special
leave petitions under Article 136 and writ petitions under Articles 226 and 227 of
the Constitution, no appeals are permitted.

Court Powers (Section 296 BNSS):

For plea bargaining purposes, the court possesses all powers regarding bail, trial,
and case disposal as outlined in the BNSS.

Period of Detention (Section 297 BNSS):

The period of detention undergone by the accused is set off against the
imprisonment sentence, similar to provisions under section 469 BNSS.

Savings Clause (Section 298 BNSS):

This chapter's provisions prevail over any inconsistency with other BNSS
provisions. It clarifies that nothing in other sections should restrict the meaning
of this chapter.

Public Prosecutor's Role (Section 298 BNSS):

The expression "Public Prosecutor" includes an Assistant Public Prosecutor and

holds the meaning as assigned under clause (t) of section 2.

Use of Accused Statements (Section 299 BNSS):

 Page 18 of 18

Statements made by the accused in a plea bargaining application cannot be used

for any purpose other than the plea bargaining proceedings.

Juvenile Exclusion (Section 300 BNSS):

The provisions of the chapter related to plea bargaining does not apply to
juveniles or children, as defined under the Juvenile Justice (Care and Protection
of Children) Act, 2015.

Conclusion:

The streamlining of plea bargaining provisions in the BNSS reflects an effort to

make criminal proceedings simpler and result oriented. It aims to provide a fair
and transparent mechanism for negotiations between the accused and the
prosecution. This structured approach brings clarity to the process, promoting
efficiency in resolving criminal cases in a quicker and efficient manner.

Bibliography:-

1. https://www.myjudix.com/post/section-85-bnss-bharatiya-
nagarik-suraksha-sanhita-bnss
2. https://www.myjudix.com/post/plea-bargaining-under-bnss-
bharatiya-nagarik-suraksha-sanhita
3. BNSS bare Act