Preliminary Enquiry Before an FIR: When Police Can Hold One: An Illustrative Scenario

The situation below is a composite illustration, not an account of an actual client matter, and is used here only to show how the law applies to a common set of facts.

The illustrative scenario

The question

The natural question that follows is:

How the general rule applies

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.

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.

What often gets missed in situations like this

• Assuming every complaint for a mid-range offence will go through a preliminary enquiry — it requires DSP-level permission and is at the officer's discretion.
• Confusing this 14-day enquiry with a refusal to register an FIR — if no enquiry is initiated and the FIR is simply not registered, the remedy is to approach the SP and then the Magistrate under s.173(4).

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see Preliminary Enquiry Before an FIR: When Police Can Hold One, FIR Registration and Zero FIR: How It Works, and What to Do If Police Refuse to Register Your FIR.

Where this applies to a live matter, it is usually worth discussing it in a consultation before acting.

This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.