Where to complain
Which station, which officer and which court — each with the section it rests on, so you can point at it across the counter.
Where are you now?
Go to any police station — wherever the offence happened, an FIR for a cognizable offence must be registered there (BNSS s.173(1); formerly CrPC s.154). Take two copies of a written complaint and get one receipted. For online fraud, call 1930 first.
Fill in the ready formatThe one thing to know on this page
Zero FIR — any police station must register it
A police station cannot tell you "this did not happen in our area, go there". The complaint is registered right there.
Zero FIR — any police station must register it
BNSS s.173(1) places a duty on the officer in charge of a police station to reduce information about a cognizable offence to writing and record it — and says in terms that this applies irrespective of the area where the offence is committed. The old CrPC s.154(1) did not have those words, but the courts read the same duty into it. That is a Zero FIR: it is registered where you are standing, given a nil number, and then transferred to the station that has jurisdiction.
In Satvinder Kaur v. State (Govt. of NCT of Delhi) (1999) the Supreme Court held that a station house officer cannot refuse to register an FIR on the ground of territorial jurisdiction; if the investigation shows the offence falls outside his limits, the case is sent on to the court having jurisdiction. In Lalita Kumari v. Govt. of U.P. (2014) the Constitution Bench held that registration of an FIR under CrPC s.154 (now BNSS s.173) is mandatory where the information discloses a cognizable offence — the BNSS adds one exception, a 14-day preliminary enquiry for offences of three to seven years (s.173(3)).
Read the full sectionWhat else is yours at the counter
- BNSS s. 173(2)(formerly CrPC s. 154(2))
A copy of the FIR, free, then and there
BNSS s.173(2) (formerly CrPC s.154(2)) requires that a copy of the information as recorded be given forthwith, free of cost, to the informant or the victim. It is a duty to hand it over, not a request you make — and the FIR number written on that copy is what every later application is built on.
Read the full section - BNSS s. 173(1)
Information may be given electronically
Section 173(1) BNSS allows information to be given by electronic communication; it is taken on record only when the informant signs it within three days. The CrPC had no such provision.
Read the full section - BNSS s. 173(1)(formerly CrPC s. 154(1))
Some offences must be recorded by a woman officer
The proviso to BNSS s.173(1) (formerly the proviso to CrPC s.154(1)) requires information relating to the sexual offences it lists to be recorded by a woman police officer or woman officer; and where the victim is temporarily or permanently mentally or physically disabled, the information must be recorded at her residence or a place of her choice, in the presence of an interpreter or special educator, and video-recorded.
Read the full section - BNS s. 199(c) (formerly IPC s. 166A(c))
In some cases, not registering is itself an offence
BNS s.199(c) (formerly IPC s.166A(c)) makes a public servant who fails to record information about the offences listed in BNSS s.173(1) (formerly CrPC s.154(1)) punishable with rigorous imprisonment of not less than six months and up to two years, and with fine.
- BNSS s. 197(formerly CrPC s. 177)
Where the investigation and trial then go
BNSS s.197 (formerly CrPC s.177) says that ordinarily every offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. That is why a Zero FIR is forwarded to that station once registered — the forwarding happens after registration, never instead of it. Where it is uncertain in which of several areas the offence was committed, or it was committed partly in one and partly in another, or it is a continuing offence, BNSS s.198 (formerly CrPC s.178) gives jurisdiction to any of those courts.
Read the full section
If the station refuses to register it
Three rungs, in this order. A Magistrate will ask whether the rung below was climbed, so do not skip one — and keep a copy of every step.
- Step 1BNSS s. 173(4)(formerly CrPC s. 154(3))
The station refused — write to the Superintendent of Police
Addressed to: Superintendent of Police
BNSS s.173(4) (formerly CrPC s.154(3)) says that a person aggrieved by the officer in charge's refusal to record the information may send the substance of it in writing and by post to the Superintendent of Police. If the Superintendent is satisfied that it discloses a cognizable offence, he shall either investigate the case himself or direct a subordinate officer to do so. The section itself specifies post — the registered-post receipt is your proof that this rung was climbed.
Fill in the ready format - Step 2BNSS s. 175(3)(formerly CrPC s. 156(3))
The Superintendent did nothing either — apply to the Magistrate
Addressed to: Magistrate
BNSS s.175(3) (formerly CrPC s.156(3)) empowers a Magistrate competent to take cognizance under s.210 to order the police to investigate. But — and this is new — the Magistrate must first consider the application made to the Superintendent under s.173(4), supported by an affidavit, and hear the submission of the police officer — which is why the rung above cannot be skipped.
Fill in the ready format - Step 3BNSS s. 223(formerly CrPC s. 200)
Or file a private complaint instead
Addressed to: Magistrate
BNSS s.210(1)(a) (formerly CrPC s.190(1)(a)) lets a Magistrate take cognizance of an offence upon a complaint, without waiting for a police report. Section 223 (formerly CrPC s.200) requires the Magistrate taking a complaint to examine the complainant and any witnesses present, on oath — and adds a new proviso: no cognizance shall be taken without giving the accused an opportunity of being heard.
Cyber-crime — jurisdiction is where you are
The commonest brush-off in online fraud is "the bank the money went to is in another city, complain there". The law does not say that.
- BNSS s. 199(formerly CrPC s. 179)
Triable where the consequence ensued
BNSS s.199 (formerly CrPC s.179) says that where an act is an offence by reason of something done and of a consequence which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction that consequence ensued. In online fraud the money left your account in your own town — the consequence ensued there — so your own station and court have jurisdiction, wherever the fraudster was sitting.
Read the full section - BNSS s. 198(formerly CrPC s. 178)
When it is uncertain where the offence happened
BNSS s.198 (formerly CrPC s.178) provides that where it is uncertain in which local area an offence was committed, or it was committed partly in one and partly in another, or it is a continuing offence, it may be inquired into and tried by a court in any of those areas. Cyber-crime falls into this description almost by definition.
Read the full section - Information Technology Act 2000, s. 75
An offence committed from outside India is still covered
Section 75 of the Information Technology Act applies the Act to an offence committed outside India by any person, if the act involves a computer, computer system or computer network located in India. "The fraudster is abroad" is therefore not a reason to decline the complaint.
The National Cyber Crime Reporting Portal and helpline 1930 are not a substitute for the police station — they run alongside it. A complaint filed on the portal is routed to the police unit for that area.
Which court the case goes to
This is decided by the class of the offence, not by choice. The First Schedule states, against every offence, the court by which it is triable.
- BNSS s. 22(formerly CrPC s. 28)
Court of Session
- Which offences
- The gravest offences — murder, rape, dacoity and everything the First Schedule marks "Court of Session".
- Most it may impose
- BNSS s.22 (formerly CrPC s.28): a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, but a sentence of death is subject to confirmation by the High Court.
- BNSS s. 23(formerly CrPC s. 29(1))
Chief Judicial Magistrate
- Which offences
- Magistrate-triable offences carrying more than three years.
- Most it may impose
- BNSS s.23(1) (formerly CrPC s.29(1)): a Chief Judicial Magistrate may pass any sentence authorised by law except death, imprisonment for life, or imprisonment exceeding seven years.
- BNSS s. 23(formerly CrPC s. 29(2))
Judicial Magistrate of the first class
- Which offences
- Offences the First Schedule marks "Magistrate of the first class" — most cheating, theft and cyber offences sit here.
- Most it may impose
- BNSS s.23(2): up to three years' imprisonment, or a fine of up to fifty thousand rupees, or both, or community service. (The old CrPC s.29(2) capped the fine at ten thousand rupees and had no community service.)
- BNSS s. 23(formerly CrPC s. 29(3))
Any Magistrate (including second class)
- Which offences
- Offences the First Schedule marks "Any Magistrate" — the lightest offences.
- Most it may impose
- BNSS s.23(3): a Magistrate of the second class may pass up to one year's imprisonment, or a fine of up to ten thousand rupees, or both, or community service. (The old CrPC s.29(3) capped the fine at five thousand rupees.)
You do not go straight to the Sessions Court
BNSS s.232 (formerly CrPC s.209) requires the Magistrate to commit the case to the Court of Session where the offence is triable exclusively by it — under the BNSS within 90 days of cognizance, which the Magistrate may extend by up to 180 days for reasons recorded. Even in the gravest cases, therefore, the proceeding begins before a Magistrate — it is the Magistrate who takes cognizance under s.210 (formerly CrPC s.190).
Read the full sectionWhich code applies?
Procedure: the BNSS governs every case registered on or after 1 July 2024; an investigation, inquiry or trial already pending on that day continues under the CrPC (BNSS s.531(2)(a)). Offences: an act committed on or after 1 July 2024 is charged under the BNS; one committed before it, under the IPC.