New FIR Provisions Under BNSS: Gaps in Victim-Centric Approach Raise Concerns

Last Updated on January 13, 2025 by Amit Patra

Legal experts have panned the recently passed Bharatiya Nagarik Suraksha Sanhita, stating that in its so-called victim-centric approach towards the First Information Report (FIR) provisions, there appear to be loopholes regarding the delivery of FIR copies.

While the BNSS replaced Sections 154(1) and 154(2) of the Criminal Procedure Code with Sections 173(1) and 173(2), one important change is in providing copies of the FIR to “the informant or the victim.” This apparently progressive amendment may actually create unintended complications.

The core problem lies in the use of “or” instead of “and” in the provision. In cases where the informant is not the same as the victim, the existing wording may deny victims their right to a copy of the FIR if one has already been given to the informant. This would seriously undermine participatory rights of the victims at all stages of the criminal justice process.

Supreme Court precedents have held consistently that any person can be an informant, irrespective of his direct connection with the crime. Notable cases like Nankhu Singh v. State of Bihar and Hallu v. State of M.P. laid down that an informant need not be an eye witness or a person having direct knowledge of the incident. It is only a requirement that information must disclose a cognizable offense.

The Parliamentary Standing Committee on Home Affairs has taken cognizance of this anomaly and suggested an amendment in the provision by adding the words “or both, as the case may be” after “informant or the victim.” Such an addition would ensure that both parties get copies of the FIR at appropriate times.

While the Supreme Court in cases like State v. N.S. Gnaneswaran has interpreted similar provisions as directory and not mandatory, the evolving jurisprudence of victimology raises important questions of effective participation of victims in the criminal process; as victim rights continue to take shape, access to FIR copies will be essential to ensure meaningful participation from the stage of investigation till the final appeals.

Analysis shows that, whereas the BNSS seeks to be more victim-centric, its language may need re-evaluation to achieve full effect of the intended purpose—protecting the interests of victims within the criminal justice system.