How to Get a Certified Copy of an FIR in India: Rights and Process Under BNSS 2023

When a crime is reported at a police station, one of the first documents generated is the First Information Report, commonly known as the FIR. This document is critical: it sets the criminal justice machinery in motion and forms the foundation of the prosecution's case. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the Code of Criminal Procedure (CrPC) from July 1, 2024, the law explicitly guarantees your right to receive a free copy of the FIR. Whether you are the informant, the victim, or the accused, this guide explains how to obtain a certified copy of an FIR, your legal rights at each stage, and what to do if the police refuse.

Your Legal Right to an FIR Copy

Section 173 of the BNSS 2023 governs the registration of First Information Reports. Section 173(1) requires the officer in charge of a police station to reduce the information to writing, have it signed by the informant, and enter it in a prescribed register. Section 173(2) then mandates that a copy of the information as recorded shall be given forthwith, free of cost, to the informant. The word "forthwith" means immediately, without delay. This is not a discretionary favour from the police; it is a statutory obligation.

This provision mirrors the earlier CrPC Section 154(2), but the BNSS makes the entitlement even clearer. If you have recently filed an FIR online through the e-FIR system, the electronic copy generated by the portal serves as your initial record, but you are still entitled to demand a physical certified copy from the station.

How Informants and Victims Can Get Their Copy

If you are the person who reported the crime (the informant) or the victim, the process is straightforward.

Step 1: Visit the police station. Go to the police station where the FIR was registered. Carry a valid photo ID (Aadhaar card, voter ID, or passport).

Step 2: Request the copy from the SHO. Ask the Station House Officer (SHO) or the duty officer for a certified copy of the FIR. Cite Section 173(2) of the BNSS 2023. You do not need to submit a formal written application for this; the law requires the copy to be given "forthwith" at the time of registration itself.

Step 3: If you did not receive it at registration. If you were not given the copy when the FIR was registered, submit a written request to the SHO. Keep a copy of your request for your records. In most states, you can also check the FIR status on the state police website, where some jurisdictions allow you to download a copy directly.

Step 4: Escalate if needed. If the SHO does not provide the copy, write to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of the district. You may also approach the jurisdictional Magistrate.

There is no fee for obtaining a copy of the FIR under the BNSS. If any police officer demands payment, that demand is contrary to law. If you are facing broader issues with police conduct, you may want to understand the process for filing a complaint against a police officer under the BNSS.

Rights of the Accused Under Section 230 BNSS

The rights of the accused to obtain copies of case documents are governed by Section 230 of the BNSS 2023. When a Magistrate takes cognisance of an offence on a police report (chargesheet), the Magistrate must furnish the accused, free of cost and without delay (within 14 days of the accused's production or appearance), copies of the following documents:

(i) The police report (chargesheet); (ii) The First Information Report recorded under Section 173; (iii) Statements of witnesses recorded under Section 180(3) of the BNSS; (iv) Confessions and statements recorded under Section 183; and (v) Any other document or relevant extract forwarded to the Magistrate with the police report.

Unlike the old CrPC Section 207, which did not specify a time frame, Section 230 of the BNSS explicitly requires the Magistrate to furnish these documents within 14 days. For voluminous chargesheets, the BNSS permits documents to be shared electronically. This is a significant improvement, as large commercial fraud cases or multi-accused matters often involve thousands of pages. If the accused is seeking release during this period, the process for applying for regular bail under BNSS 2023 runs in parallel with the supply of documents.

What to Do If the Police Refuse

Despite the clear statutory mandate, there are situations where police officers may refuse or delay providing an FIR copy. Here are your options in such cases.

File an RTI application. Under Section 6 of the Right to Information Act, 2005, you can submit an RTI application to the Public Information Officer (PIO) of the relevant police station or district police office. The application fee is Rs 10 (by postal order or court fee stamp in most states). The PIO must respond within 30 days. While the FIR is a public document and must be disclosed, there may be limited exceptions during sensitive investigations.

Approach the Superintendent of Police. Write a formal complaint to the SP or DCP of the district, stating that the SHO has refused to provide a copy of the FIR despite Section 173(2) of the BNSS mandating it. Attach a copy of your original request.

File a complaint with the Magistrate. If administrative channels fail, you can approach the jurisdictional Judicial Magistrate. The Magistrate has the power to direct the police to provide the copy. Understanding bail rights under BNSS 2023 can also help you navigate these interactions with the judicial system effectively.

Use the state police portal. Several states now offer online FIR search and download facilities. Check your state police website. If you originally filed a cybercrime complaint online through the National Cyber Crime Reporting Portal (cybercrime.gov.in), you can track the status and download the FIR from that portal once it is registered.

Related Reading

For more on criminal law procedures and your rights, see these guides:

- How to File a Cheque Bounce Case Under Section 138 NI Act

- How to File a Domestic Violence Complaint in India

- How to File a PIL in India

Key Takeaways

Under BNSS 2023 Section 173(2), the informant is entitled to a free copy of the FIR "forthwith" (immediately) upon registration. Section 230 of the BNSS requires the Magistrate to supply the accused with a free copy of the chargesheet, FIR, witness statements, and other case documents within 14 days of production or appearance. Electronic copies are permitted for voluminous chargesheets. If the police refuse to provide a copy, your remedies include filing an RTI application under the Right to Information Act 2005, complaining to the SP or DCP, or approaching the Magistrate. There is no fee payable for any of these copies under the BNSS.

Access to the FIR is a fundamental right linked to the right to a fair trial. Do not hesitate to invoke the statutory provisions if any authority delays or denies your request.