173. Information in cognizable cases (First Information Report).

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that—

1. the information may also be given by electronic communication; and
2. in the event of the information being given by electronic communication, the same shall be signed by the person giving it within three days.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.

(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 or by electronic communication, 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, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

(4) If the information is received under sub-section (1) by the officer in charge of a police station, relating to the commission of a cognizable offence which is made out to have been committed within the area of another police station, he shall enter the substance thereof in the prescribed book and forward the same within a period not exceeding twenty-four hours to the officer in charge of the police station having jurisdiction over the area and it shall be deemed that the FIR is registered under this section.

(5) In respect of the offence which is punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission of an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—

1. proceed to conduct a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
2. proceed with investigation when there exists a prima facie case.