How to File FIR Under BNSS in India

The process of filing a First Information Report (FIR) is a critical step in the Indian criminal justice system. The FIR serves as the foundation for any criminal investigation and is a formal complaint made to the police regarding the commission of a cognizable offense. In this article, we will explore the procedures, guidelines, and legal framework surrounding the filing of FIR under the Bihar Narcotic Drugs and Psychotropic Substances (BNSS) Act, 1985.

Understanding the BNSS Act

The Bihar Narcotic Drugs and Psychotropic Substances Act, 1985, is a legislative framework aimed at controlling and regulating the operations involving narcotic drugs and psychotropic substances in the state of Bihar. The Act is an extension of the Narcotic Drugs and Psychotropic Substances Act, 1985, which is applicable across India. The BNSS Act provides stringent measures to curb drug trafficking and usage, and it outlines the procedures for filing complaints related to offenses under this Act.

What is an FIR?

An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense. It is a crucial document that initiates the legal process for investigation and prosecution. The FIR must contain specific details, including the nature of the offense, the time and place of the incident, and the identity of the accused, if known.

Legal Provisions for Filing FIR under BNSS

Section 154 of the Code of Criminal Procedure (CrPC), 1973, governs the filing of FIRs in India. Under this provision, any person can report a cognizable offense to the police, and the police are obligated to register the FIR without delay. The BNSS Act, along with the provisions of the CrPC, lays down the framework for filing FIRs concerning narcotic offenses.

Eligibility to File an FIR

Any person who has knowledge of a cognizable offense under the BNSS Act can file an FIR. This includes:

• The victim of the crime
• Witnesses to the crime
• Any person who has credible information regarding the commission of the offense

Where to File an FIR

The FIR can be filed at the police station that has jurisdiction over the area where the offense occurred. In cases where the offense is committed in multiple jurisdictions, the FIR can be filed at any of the relevant police stations. Additionally, FIRs can also be filed online in some states, including Bihar, through designated portals.

Steps to File an FIR under BNSS

Filing an FIR under the BNSS Act involves a systematic process. Here are the steps to follow:

Step 1: Prepare Necessary Information

Before approaching the police station, gather all relevant information and documents related to the incident. This includes:

• Your personal details (name, address, contact number)
• Details of the incident (date, time, location)
• Information about the accused (if known)
• Names of witnesses, if any
• Any evidence (photographs, videos, documents) that supports your claim

Step 2: Visit the Police Station

Go to the police station that has jurisdiction over the area where the offense occurred. It is advisable to visit during working hours to ensure that the relevant officers are available.

Step 3: Approach the Duty Officer

Upon entering the police station, approach the duty officer, who is usually stationed at the front desk. Politely inform them that you wish to file an FIR under the BNSS Act.

Step 4: Provide Information

The duty officer will ask for details regarding the incident. Provide all the information you have prepared. Be clear and concise in your explanation to avoid confusion.

Step 5: FIR Registration

The police officer will record your information in the FIR register. Ensure that all details are accurately entered. You have the right to read the FIR once it is written. Verify that all the information is correct and reflects your complaint accurately.

Step 6: Obtain a Copy of the FIR

Once the FIR is registered, request a copy for your records. The police are obligated to provide you with a copy of the FIR free of charge. This document is essential for any further legal proceedings.

Step 7: Follow-Up

After filing the FIR, you may be required to follow up with the police regarding the investigation. It is advisable to keep in touch with the investigating officer for updates on the case.

Legal Rights and Protections

As a complainant filing an FIR under the BNSS Act, you have certain legal rights:

• The right to file an FIR without coercion or intimidation.
• The right to receive a copy of the FIR without any charge.
• The right to be informed about the progress of the investigation.
• The right to seek legal assistance at any stage of the process.

What to Do If FIR is Not Registered

If the police refuse to register your FIR, you have several options:

• Request the officer to provide a written explanation for the refusal.
• File a complaint with the Superintendent of Police or higher authorities.
• Approach the local Magistrate for a direction to the police to register the FIR.

Conclusion

Filing an FIR under the BNSS Act is a crucial step in addressing narcotic-related offenses in India. It is essential to follow the correct legal procedures to ensure that your complaint is taken seriously and investigated thoroughly. Understanding your rights and the process can empower you to seek justice effectively. If you are unsure about any aspect of filing an FIR, it is advisable to consult with a legal professional who can guide you through the process.

FAQs

1. What is the time limit for filing an FIR under the BNSS Act?

There is no specific time limit for filing an FIR under the BNSS Act. However, it is advisable to file it as soon as possible to ensure that evidence is preserved and witnesses are available.

2. Can I file an FIR online in Bihar?

Yes, Bihar has provisions for filing FIRs online through designated police websites. Check the official website of the Bihar Police for more details.

3. What if I want to withdraw my FIR?

Once an FIR is registered, it cannot be withdrawn unilaterally. You may approach the police or the court to request the withdrawal, but it is subject to their approval.

4. Can I file a complaint against the police if they refuse to register my FIR?

Yes, you can file a complaint against the police officer for refusing to register your FIR. This can be done with higher authorities or through legal channels.

5. Is there a fee for filing an FIR?

No, there is no fee for filing an FIR in India. It is a free service provided by the police to ensure that citizens can report crimes without financial burden.