Reporting a crime in India is becoming increasingly digital. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, information relating to a cognizable offence may be given to the officer in charge of a police station through electronic communication, irrespective of where the offence was committed.
But there is an important step many people may miss: when information is given electronically, it must be signed by the person giving it within three days for it to be taken on record in the manner provided by Section 173.
This is why understanding the 3-day requirement for an electronic FIR matters.
What Is an e-FIR?
An e-FIR refers to information about a cognizable offence provided to the police through electronic communication.
Section 173(1) BNSS provides that information about a cognizable offence may be given orally or electronically, regardless of the area where the offence was committed. When information is submitted electronically, the law requires the informant to sign it within three days.
The exact online mechanism can depend on the police system and implementation applicable in your state.
How Does the 3-Day Rule Work?
If you report a cognizable offence electronically, don’t assume that sending an email or submitting an online form is the end of the process.
The basic process is:
1. Report the offence electronically
Submit the relevant information through the electronic system made available by the police.
2. Provide accurate information
Clearly explain what happened, when and where it happened, who was involved, and provide relevant supporting information.
3. Complete the signing requirement
Section 173 specifically provides that electronically submitted information is to be taken on record after it is signed by the person giving it within three days.
4. Preserve your records
Keep copies or screenshots of the information submitted, acknowledgement details, reference numbers and relevant documents.
What If You Miss the Three-Day Period?
The three-day requirement should not be ignored.
If you have submitted information electronically but have not completed the required signing step, seek clarification from the concerned police authority about the next step rather than assuming that your complaint has automatically become an FIR.
The practical process may also depend on the circumstances and the applicable police system.
What Information Should You Include?
When reporting a crime, keep the information clear, factual and chronological.
Depending on the case, this may include:
- Date and approximate time of the incident
- Location of the offence
- Names or details of persons involved, if known
- Description of what happened
- Details of financial loss, where relevant
- Phone numbers, email IDs or account details involved
- Screenshots, messages or other relevant records
- Details of witnesses, if available
For cybercrime matters, preserve the original digital records rather than editing or deleting them.
Is an e-FIR the Same as Every Online Police Complaint?
Not necessarily.
The term “online complaint” is often used broadly. Section 173 BNSS specifically deals with information relating to cognizable offences and sets out the procedure for information given electronically.
Therefore, simply submitting an online grievance or complaint does not mean that an FIR has automatically been registered in every situation.
The nature of the offence and the procedure followed by the relevant police authority matter.
What About Zero FIR?
The BNSS provision is significant because Section 173 states that information relating to a cognizable offence may be given irrespective of the area where the offence is committed.
This supports the broader principle behind Zero FIR, where information about a cognizable offence can be given at a police station even when the offence falls outside its ordinary territorial jurisdiction, subject to the applicable procedure.
This can be particularly important when a person is unsure which police station has jurisdiction.
A Simple Example
Suppose your mobile phone is stolen while you are travelling in another city.
You provide information electronically to the police about the cognizable offence.
You should not stop at submitting the electronic information. Check what signing or authentication step the relevant police authority requires and complete the requirement within the statutory three-day period.
Keep the acknowledgement and other records safely.
The key lesson: filing electronically may make reporting more accessible, but it does not mean you can ignore the formal requirements that follow.
What Should You Do After Filing an e-FIR?
After submitting information electronically:
- Save the acknowledgement or reference number.
- Check whether the police require your signature or any additional verification.
- Complete the signing requirement within three days.
- Preserve all evidence related to the offence.
- Keep copies of documents submitted to the police.
- Follow up if you do not receive confirmation or further information.
- Seek legal assistance if the matter involves serious offences, significant financial loss, arrest concerns or procedural difficulties.
Frequently Asked Questions
1. Can I file an FIR electronically under the BNSS?
Yes. Section 173(1) BNSS allows information relating to a cognizable offence to be given by electronic communication to the officer in charge of a police station.
2. What is the 3-day rule for an e-FIR?
Where information is given electronically, Section 173 provides that it is to be taken on record after being signed by the person giving it within three days.
3. Does submitting an online complaint automatically mean an FIR is registered?
Not necessarily. The statutory provision concerns information relating to cognizable offences, and the applicable procedure depends on the nature of the information and circumstances of the case.
4. Can I report a crime outside my local police station?
Section 173 states that information relating to a cognizable offence may be given irrespective of the area where the offence was committed.
5. What evidence should I keep after filing an e-FIR?
Keep the acknowledgement, reference number, submitted documents and relevant evidence. In cybercrime cases, preserve original messages, emails, transaction records and other digital material.
6. What if I am unsure whether my complaint qualifies for an FIR?
If you are unsure about the legal classification of the offence or the appropriate procedure, you can seek advice from a qualified criminal lawyer before taking further steps.
Need Help With a Criminal Complaint?
Understanding the correct procedure can be important, particularly when a complaint involves cybercrime, financial fraud, serious offences or potential criminal proceedings.
Advocate Upadhye & Associates provides legal assistance in criminal matters, including criminal complaints, police investigation matters, cybercrime, financial offences, bail and criminal defence.
If you need guidance regarding an e-FIR, criminal complaint or police proceedings in Pune, professional legal advice can help you understand the appropriate procedure for your circumstances.
This article is for general legal education and should not be treated as legal advice. Procedures for electronic reporting may also depend on the applicable police system and state-level implementation.