Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNSS 2023Chapter XIVCrPC: CrPC Section 154

Section 51

Information in cognizable cases

Information to the Police and their Powers to Investigate

Plain English Explanation

This is the FIR (First Information Report) provision. Key points: (i) FIR can be given for any cognizable offence, regardless of where it happened (Zero FIR concept). (ii) FIR can be given orally or in writing. (iii) A copy must be given to the informant free of cost. (iv) If police refuse to register FIR, the informant can write to the Superintendent of Police. (v) NEW: FIR can now be recorded by audio-video electronic means. (vi) For sexual offence victims, an FIR must be recorded at the victim's residence by a female police officer, in the presence of her advocate. (vii) NEW: FIR can be registered on telephone (telephonic FIR). This is a major modernisation over CrPC S.154.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 51

(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or in writing to an officer in charge of a police station, and in cases where the information is given orally, the officer in charge of the police station shall reduce it to writing. (2) A copy of the information so recorded shall be given forthwith, free of cost, to the informant. (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. (4) The officer in charge of a police station shall, from time to time, send to a Magistrate empowered to take cognizance of such offence a report of all the information received and of the steps taken under the preceding section. (5) The information given under sub-section (1) may also be recorded by audio-video electronic means. (6) The information given under sub-section (1) shall also be recorded in the manner provided under sub-section (1) if given by a woman against whom an offence under sections 64 to 71, section 74, section 75, section 76, section 77, section 78 or section 79 of the Bharatiya Nyaya Sanhita, 2023 has been committed, at the residence of the informant by a woman police officer, in the presence of an advocate of the informant or any person as the informant desires; and in case the informant is temporarily or permanently mentally or physically disabled, the Magistrate or a police officer shall take appropriate steps to ensure that such information is recorded. (7) A copy of the entry made in the book under sub-section (1) shall be supplied to the informant free of cost. (8) Notwithstanding anything contained in this section, the information relating to commission of an offence may be recorded by the police officer on telephone and on the basis of such information, he may take cognizance and take further necessary action.

Keywords

FIRfirst information reportcognizable offenceZero FIRelectronic FIRtelephonic FIRaudio-video FIRsexual offence FIRpolice stationrefusal to register FIR

Related Sections

CrPC Equivalent

CrPC Section 154

View CrPC (Repealed) →

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