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The short answer
To file an FIR in Odisha, give the information about a cognizable offence to the officer in charge of any police station (thana), orally or in writing; it must be written down, read back, signed by you, and a copy given to you free (Section 173 BNSS). If the police refuse, send the complaint in writing by post to the Superintendent of Police under Section 173(4), and if that fails, apply to the Magistrate under Section 175(3) with an affidavit.
How to file an FIR in Odisha: the law that applies
How to file an FIR in Odisha is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the Code of Criminal Procedure from 1 July 2024. An FIR (First Information Report, in Odia commonly called etala) is the record the police make when they receive information about a cognizable offence, meaning an offence for which the police can arrest without a warrant, such as theft, cheating, assault causing hurt, or a sexual offence. The First Schedule to the BNSS says whether an offence is cognizable.
In Lalita Kumari v. Government of Uttar Pradesh (2013), a Constitution Bench of the Supreme Court held that registration of an FIR is mandatory when the information discloses a cognizable offence. The police cannot ask you to first prove the case, bring witnesses, or settle with the other side.
If the offence is non-cognizable (for example, simple hurt without a weapon, or defamation), the police enter the substance of the information in a register and refer you to the Magistrate under Section 174 BNSS. They cannot investigate it without the Magistrate's order.
Step by step at the police station (thana)
- Go to a police station. The station covering the place of the offence is usual, but under Section 173(1) any police station must record the information, whatever the place of the offence (see Zero FIR below). In an emergency, call 112 first.
- Give the information orally or in writing. A short, typed or handwritten complaint in Odia or English is common. If you speak it, the officer must write it down and read it over to you.
- Check and sign. Read the recorded version before signing. Ask for corrections if anything is wrong or missing.
- Take your free copy. Under Section 173(2), the informant or victim gets a copy of the FIR immediately and free of cost. Note the FIR number, date, police station and the sections applied.
- Keep a receipt if no FIR is registered. If the officer only accepts a written complaint, ask for a received copy with the date and stamp. You will need it if you have to go to the SP or the Magistrate.
What to put in the complaint: your name and address; the date, time and place of the incident; what happened, in order; the names or descriptions of the persons involved; witnesses; property lost or damaged with its value; injuries; and any documents, photos, messages or CCTV that exist. Keep it factual. Giving false information to the police is itself an offence.
Women and persons with disabilities: when a woman reports certain sexual offences, the information is to be recorded by a woman police officer. If the victim has a temporary or permanent mental or physical disability, the information is to be recorded at the victim's home or a place of their choice, with an interpreter or special educator where needed, and the recording is to be videographed (provisos to Section 173(1)).
Zero FIR and e-FIR in Odisha
- Zero FIR: because any police station must record the information, you can report at the nearest station even if the offence happened elsewhere, for example while travelling. The station registers it and transfers it to the station that has jurisdiction.
- e-FIR: information may be given by electronic communication. It is taken on record when the person giving it signs it within three days (Section 173(1)(ii)).
- Odisha Police Citizen Portal: the Odisha Police Citizen Portal lets you register and submit a complaint online, request an FIR copy, and report lost property or a missing person. A complaint submitted there alerts the officer in charge of the police station, who follows it up. It is not the same as a registered FIR, so keep the acknowledgement and check the status.
- Vehicle theft e-FIR: through the Odisha Police virtual police station facility on the same portal, an e-FIR can be lodged for motor vehicle theft where the accused is unknown, nobody was injured, the vehicle was not used in a crime and has not been recovered.
- Cyber fraud: for online fraud, call 1930 first; see cyber crime complaints in Odisha.
For sexual offences, the survivor's rights at the police station and afterwards are covered in the rights of sexual offence survivors in Odisha.
Preliminary enquiry before an FIR
For cognizable offences punishable with three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, hold a preliminary enquiry within 14 days to see whether a prima facie case exists, or proceed directly with investigation (Section 173(3)). For offences punishable with seven years or more, there is no such enquiry: the FIR has to be registered.
If the police refuse to register an FIR
Police refusing to file an FIR is a common problem. The BNSS gives a clear order of remedies:
| Step | Provision | Where | What you need |
|---|---|---|---|
| 1. Written complaint to the SP | Section 173(4) BNSS | Superintendent of Police of the district (in the Bhubaneswar-Cuttack Commissionerate area, the corresponding senior officer of the Commissionerate) | The substance of the information, sent in writing by post; keep the postal receipt and a copy |
| 2. Application to the Magistrate | Section 175(3) BNSS | Court of the Judicial Magistrate with jurisdiction | Application supported by an affidavit, showing that the Section 173(4) route was used |
| 3. Complaint case | Section 223 BNSS | Same Magistrate | Complaint on oath, witnesses; the Magistrate examines you and decides whether to proceed |
Under Section 173(4), if the SP is satisfied that a cognizable offence is disclosed, the SP investigates personally or directs a subordinate officer to investigate. Under Section 175(3), the Magistrate may make such enquiry as necessary and must consider the submissions of the police officer before ordering investigation. The Supreme Court has said the Magistrate must apply judicial mind before directing investigation (Om Prakash Ambadkar v. State of Maharashtra, 2025).
The Supreme Court has also held that a person whose FIR is not registered should ordinarily use these remedies before going to the High Court. A writ petition is an exceptional route (see writ petitions in the Orissa High Court).
A police officer who fails to record information about certain sexual offences and offences such as acid attack and trafficking commits an offence under Section 199(c) of the Bharatiya Nyaya Sanhita, 2023, punishable with rigorous imprisonment of six months to two years and fine.
After the FIR is registered
- The police must inform the informant or victim of the progress of investigation within 90 days, including by electronic means (Section 193(3)(ii) BNSS).
- At the end, the police file a final report: a charge sheet, or a report that no offence is made out. If they propose to close the case, the informant is entitled to notice and can file a protest petition before the Magistrate.
- How the case moves after that is explained in the criminal case process in Odisha. If you are the person named in the FIR, see what happens when an FIR is registered against you.
Practical points
- Report quickly. Delay is not fatal, but an unexplained delay can be argued against you at trial.
- Keep originals of documents and give the police copies; note what you handed over.
- Get a medical examination done promptly for injuries, and keep the injury report.
- If you cannot afford an advocate for a Magistrate application, see free legal aid in Odisha. Work handled in criminal matters is described on the criminal practice area page, and court details are under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଏତଲା | etala | FIR / first information to the police |
| ଥାନା | thana | police station |
| ଅଭିଯୋଗ | abhijoga | complaint |
Frequently asked questions
Can the police refuse to register an FIR in Odisha?
Not when the information discloses a cognizable offence. Registration is mandatory under Section 173 BNSS and the Lalita Kumari judgment. The only exception is a preliminary enquiry of up to 14 days, with a DSP's permission, for offences punishable with three to less than seven years.
Can I file an FIR online in Odisha?
Information can be given electronically and becomes an FIR when you sign it within three days. The Odisha Police Citizen Portal accepts online complaints and FIR copy requests, and e-FIRs for motor vehicle theft where the accused is unknown and nobody was injured.
What is a Zero FIR?
An FIR recorded at any police station regardless of where the offence happened. The station registers it and transfers it to the police station with jurisdiction. Section 173(1) BNSS provides for it.
How do I complain to the SP if the thana does not register my FIR?
Send the substance of the information in writing by post to the Superintendent of Police under Section 173(4) BNSS, keep the postal receipt, and attach any received copy of your original complaint. If that fails, apply to the Magistrate under Section 175(3) with an affidavit.
Is the FIR copy free?
Yes. Under Section 173(2) BNSS the informant or victim is entitled to a copy immediately and free of cost.
What if the offence is non-cognizable?
The police record the substance in a register and refer you to the Magistrate under Section 174 BNSS. They can investigate only with the Magistrate's order.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Odisha Police (official website)
- Odisha Police Citizen Portal: complaints and FIR copy
- Commissionerate Police Bhubaneswar-Cuttack: virtual police station
- Supreme Court of India: judgments
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.