Criminal procedure in India -- from filing an FIR through trial and judgment -- is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 on 1 July 2024 and introduced new features including online FIR filing, statutory trial timelines, and mandatory forensic investigation for serious offences.
From complaint to chargesheet
Filing an FIR (First Information Report) for a cognizable offence is now governed by BNSS Section 173
(previously CrPC Section 154). A genuinely new feature is that BNSS Section 173 permits electronic or online
filing of information about a cognizable offence, with the report required to be formalized (the informant
signing it) within three days -- a facility the old CrPC did not provide for. After investigation, the police
file a final report or chargesheet under BNSS Section 193 (previously CrPC Section 173).
New statutory timelines introduced by the BNSS
The BNSS introduces trial timelines that did not exist as hard statutory requirements under the CrPC --
including a requirement to deliver judgment within 45 days of the conclusion of arguments, and to frame
charges within 60 days of the first hearing in certain cases. It also mandates audio-video recording of
search and seizure and, for offences punishable with seven years’ imprisonment or more, mandatory
forensic investigation and evidence collection at the crime scene by forensic experts -- these are
substantively new obligations, not just renumbered versions of old CrPC provisions.
Zero FIR and other procedural reinforcements
The BNSS reinforces and gives clearer statutory footing to concepts like “Zero FIR” -- allowing
a person to file an FIR at any police station regardless of where the offence occurred, with the station later
transferring it to the one with proper jurisdiction -- and expands the use of video-conferencing for certain
proceedings and depositions, which is particularly relevant for witnesses, complainants, or victims based
outside India. For NRIs specifically, this matters in two common scenarios: reporting an offence (such as
property fraud or cheating) committed against them in India while they are still abroad, where Zero FIR
removes the jurisdictional excuse some police stations previously used to decline a complaint, and giving
testimony or a statement in an ongoing Indian criminal matter without needing to travel back for every
hearing, subject to the specific court's discretion on when video-conferencing is permitted.
Can an FIR now be filed online in India?
Yes, for cognizable offences -- BNSS Section 173 (which replaced CrPC Section 154) newly allows electronic
filing of information about a cognizable offence, though the informant is required to formalize the report by
signing it within three days of the electronic filing.
What is a “Zero FIR” and why does it matter?
A Zero FIR lets a person register an FIR at any police station, even one that does not have territorial
jurisdiction over where the offence occurred -- that station is then required to transfer it to the correct
jurisdiction. This prevents victims and complainants from being turned away or delayed on jurisdictional
grounds when reporting a crime.
Does the BNSS actually set a deadline for a court to deliver judgment?
Yes -- the BNSS introduces a statutory requirement to deliver judgment within 45 days of the conclusion of
arguments, which was not a hard statutory timeline under the old Code of Criminal Procedure, 1973.
