Preliminary Enquiry Before an FIR: When Police Can Hold One: Frequently Asked Questions

This page sets out, in general terms, how common questions on preliminary enquiry before an fir works under Indian law.

Before the frequently asked questions

Under BNSS s.173(3), for offences punishable with 3 years or more but less than 7 years, the SHO may — with the prior permission of an officer of at least DSP rank — hold a preliminary enquiry within 14 days before registering an FIR, or investigate directly.

This preliminary enquiry is optional, not mandatory, and offences punishable with 7 years or more are excluded from it altogether.

Frequently asked questions

Can the police delay registering my FIR by calling it a preliminary enquiry?

Only for offences punishable with 3 years or more but less than 7 years, and only with prior DSP-level permission, and the enquiry must be completed within 14 days under BNSS s.173(3). It does not apply to more serious offences.

For a fuller explanation, see FIR Registration and Zero FIR: How It Works and What to Do If Police Refuse to Register Your FIR.

If you are weighing a decision on this, a short consultation can help map out the options.

This overview is general information, not legal advice. Procedures and local practice can differ, so a specific review of your matter is advisable before acting.