Quick answer
Yes. Section 173(1) B.N.S.S. allows information about a cognizable offence to be given to the officer in charge of a police station orally or by electronic communication. Information sent electronically is taken on record once the person giving it signs it within three days, and its substance is entered in the book prescribed by the State Government. A copy of the recorded information must be given forthwith and free of cost to the informant or the victim (Section 173(2)).
The law: Section 173 B.N.S.S.
Section 173 deals with "information in cognizable cases", the document commonly called the First Information Report (FIR). It replaces Section 154 CrPC, which did not provide for information by electronic communication. Section 2(1)(i) B.N.S.S. defines "electronic communication" widely to include written, verbal, pictorial or video content sent through a phone, mobile phone, computer or other electronic device.
Two routes for giving information
| Point | Oral information (Section 173(1)(i)) | Electronic communication (Section 173(1)(ii)) |
|---|---|---|
| How it is recorded | Reduced to writing by the officer or under the officer's direction | Taken on record by the officer |
| Reading over | Read over to the informant | Not required by the text |
| Signature | Signed by the person giving it | Taken on record on being signed within three days by the person giving it |
| Entry in the book | Information is recorded in writing and signed | Substance entered in a book kept in the form prescribed by State rules |
Other essential points of Section 173
- Free copy: under Section 173(2), the copy goes to the informant or the victim. The old Section 154(2) CrPC mentioned only the informant.
- Women victims: if the information is given by a woman against whom an offence under Sections 64 to 71, 74 to 79 or 124 B.N.S. (rape, sexual offences, assault on a woman and acid attack, among others) is alleged, the information must be recorded by a woman police officer or any woman officer.
- Persons with disability: where the victim of those offences is temporarily or permanently mentally or physically disabled, the information is recorded at the person's residence or a place of their choice, with an interpreter or special educator, the recording is videographed, and the police must have the person's statement recorded by a Magistrate under Section 183(6)(a) as soon as possible.
- Any police station: the information may be given irrespective of the area where the offence was committed (the Zero FIR principle).
- Refusal to register: under Section 173(4), the aggrieved person may send the substance in writing by post to the Superintendent of Police, and failing action, may apply to the Magistrate.
Example
Zoya clicks a link in a fraudulent message and finds money missing from her bank account. Cheating and dishonestly inducing delivery of property (Section 318(4) B.N.S.) is cognizable, so she may send the information to the officer in charge of a police station by electronic communication. To have it taken on record as an FIR, she must sign it within three days. She is then entitled to a free copy of the recorded information.
Current-law note
The electronic route is new in the B.N.S.S., which came into force on 1 July 2024. The practical method of signing and recording is governed by the rules each State Government prescribes for the book under Section 173(1). For the full sequence from FIR to trial, see B.N.S.S..
Exam point
Section 173(1)(ii) B.N.S.S.: information by electronic communication is taken on record when signed within three days by the informant; Section 173(2): free copy to the informant or the victim.
