Register an FIR for online fraud: step-by-step legal guide

By Advocate Panchanand Shaw, Bar Council of West Bengal · Published 3 Nov 2026 · Court process

An FIR is the formal start of a criminal case, and for online fraud the police must register one when your information discloses a cognizable offence. State the deception, the payment and the beneficiary, attach indexed evidence, and claim your free copy. Use a zero FIR under section 35 of the BNSS if the offence happened elsewhere.

An FIR, or First Information Report, is the formal start of a criminal case. For an online fraud, the police are bound to register one when the information discloses a cognizable offence, and you are entitled to a free copy. The confusion victims face is that an online complaint on the portal and a registered FIR are two different things: the first is a record, the second opens a case with a crime number that a court, bank and investigator all recognise.

The governing provision is section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023, which requires information about a cognizable offence to be recorded and an FIR registered, with a copy given to the informant free of cost. Where the offence occurred outside the local jurisdiction, section 35 of the BNSS permits a zero FIR at any police station. Cheating under section 318 of the BNS and computer-related fraud under sections 66C and 66D of the Information Technology Act 2000 are cognizable, so an online fraud complaint qualifies.

When the police must register an FIR

The trigger is simple: the information must disclose a cognizable offence. Whether it does is a question of what you state, not how emotional you sound. A clear account of a deception that induced a payment, with the date, the amount, the beneficiary and the channel, leaves the officer little discretion. A vague complaint that your account was hacked may be treated as non-cognizable or referred for a preliminary enquiry, and the case stalls.

That is why the FIR must describe the offence, not just the loss. State the inducement, the false representation, the account that received the money and the manner in which the deception worked. That narrative is what converts a grievance into an offence that fits section 318 of the BNS.

Drafting the complaint that produces an FIR

The officer decides whether a cognizable offence is disclosed on what you write, so the complaint must read as an offence and not merely a loss. Begin with the false representation that induced you, then the payment it caused, then the beneficiary and the channel. Name the conduct as cheating and, where a computer resource was used, add the applicable IT Act sections. A precise narrative leaves little room for a preliminary enquiry that quietly buries the case.

The anatomy of an FIR

What it contains

An FIR records the informant details, the time and place of the occurrence, the facts as reported, and the sections of law the officer applies. It is signed by the informant, read over, and entered in a register. You are entitled to a copy without charge, and you should check that the narrative matches what you said.

What it does, and does not, do

An FIR starts the investigation and gives the case a number that institutions recognise; it does not by itself freeze an account or guarantee recovery. The freeze is a separate request to the bank, and recovery is a separate process. Registering the FIR is nevertheless important, because it anchors the timeline and the allegations for everything that follows.

Step-by-step: registering an FIR for online fraud

Prepare a written complaint in chronological order: the inducement, the messages, the amount, the channel, the beneficiary and the loss.
Attach the evidence index: screenshots, chat exports, the payment reference, and your bank statement showing the debit.
Go to the police station with jurisdiction, or any station, and insist on a zero FIR under section 35 of the BNSS if the offence occurred elsewhere.
Confirm that the officer records the offence correctly, for example cheating under section 318 of the BNS with the appropriate IT Act sections.
Read the FIR before signing, and obtain your free copy. Check the date, time, place and names for accuracy.
Also report to 1930 and your bank the same day, because a freeze is time-sensitive and independent of the FIR.
If the police refuse to register the FIR, demand the refusal in writing.
If the refusal continues, apply to the magistrate under section 175(3) of the BNSS to direct an investigation.

How a zero FIR travels

A zero FIR is registered with a zero instead of a regular number and then transferred to the police station with jurisdiction. It exists so that no station can send a victim away because the fraudster or the beneficiary account is in another state. Once transferred, the case proceeds where the offence or the accused is located. Insist on the zero FIR where a station resists on the ground of jurisdiction, and keep the acknowledgement of the transfer. Once the case reaches the station with jurisdiction, confirm the new crime number in writing, so that every later reference to the case stays consistent.

E-FIR and its limits

Some states allow an electronic FIR for certain offences, but its use is limited and it does not cover every cognizable offence. Where an e-FIR is available it still must be verified and signed, and the rules vary from place to place. If you are unsure whether an e-FIR is available for your case, file a written complaint at the station, because a paper complaint under section 173 of the BNSS is always open to you. If you do use an e-FIR route, keep the acknowledgement it generates and treat it exactly as you would a portal reference.

Zero FIR, regular FIR and what belongs where

Route	When to use it	Result
Regular FIR at the station with jurisdiction	Offence occurred in that area	Case investigated locally
Zero FIR under section 35 BNSS	Offence occurred elsewhere	Case registered, then transferred
Portal complaint on cybercrime.gov.in	Creating a dated first record	Acknowledgement number, not an FIR
Magistrate direction under section 175(3) BNSS	Police refuse to register	Order to investigate

Why the sections you cite matter

An FIR that cites only the loss, without the cheating provision and the technology provision, may be investigated narrowly. Section 318 of the BNS captures the inducement that caused the payment; sections 66C and 66D of the IT Act capture the misuse of identity and the impersonation online. Citing them correctly does not change the facts, but it points the investigation at the conduct that actually caused the loss, which is what a court will assess.

What the police will investigate

Once the FIR is registered, the investigation follows the money and the identity. Officers seek the beneficiary account details, the KYC record of the account holder, the device and IP data behind the messages, and, where the trail crosses borders, cooperation through the lawful channels available to the police. Your evidence helps at each stage: the message proves the inducement, the payment proves the loss, and the account detail proves where the loss landed.

After the FIR: what the informant is entitled to

The informant is entitled to a free copy of the FIR and, on request, to be informed of the progress of the investigation. You may be asked for the original device or records; keep copies and hand over the originals with a receipt. Where the investigation needs a section 63 certificate for electronic records, cooperate so that the certificate can be given in the prescribed form without delay, because a missing certificate is a common reason digital evidence fails in court.

The role of the bank alongside the FIR

The FIR and the freeze run on different tracks. The FIR opens a criminal case; the freeze is a banking action that a police case can support but does not replace. Tell your bank that an FIR is registered and give the crime number, because a bank often moves faster once a case number exists. In the same message, ask again for the beneficiary account to be held and for the communication to be in writing.

What decides the outcome

Three things decide how far the case goes. The clarity of the FIR, because a precise narrative is easier to investigate than a general grievance. The speed of the freeze, because money recovered early needs no separate recovery suit. And the continuity of the evidence, because records that were edited or lost along the way are easily challenged. A case that begins with a complete evidence index moves faster at every stage, from the station to the court.

An FIR is the case record; the freeze is the recovery. Do both on the same day, and do not let one wait for the other.

Common mistakes

Describing the loss but not the deception, so the offence is not made out on the face of the complaint.
Accepting a refusal to register without asking for it in writing, which weakens a later application to the magistrate.
Waiting for the FIR before approaching the bank, by which time the money has moved.
Signing the FIR without reading it, and later finding the sections or the narrative are wrong.
Confusing the portal acknowledgement with a registered FIR and assuming a case number exists.

When the accused is known and when he is not

In some online frauds the offender is identifiable, for example where a person known to you induced the payment, or where the beneficiary account belongs to someone traceable. In most, the offender hides behind a mule account and a spoofed identity. The FIR is the same in form, but the investigation differs: a known accused can be traced through the account and the messages, while an unknown accused depends on the bank records and the electronic trail. State clearly whether you can identify anyone, so the officer knows which route to take.

Protecting the evidence after the FIR

Once the FIR is registered, resist the urge to tidy up your files. Do not re-save screenshots, do not forward chats in a way that strips the original metadata, and do not delete accounts that hold the messages. Keep the original device charged and available, and store two backups of the unedited evidence. Electronic records are proved under section 63 of the Bharatiya Sakshya Adhiniyam 2023, and a record that was altered after the FIR is the easiest target for a defence. Where the police ask for the device itself, hand it over against a written receipt and keep your backup copies, so that the investigation can proceed without you losing the only version you control.

When to involve a lawyer

A clean, well-drafted complaint is often enough to get an FIR registered. Legal help matters where the police hesitate, where the refusal must be challenged before a magistrate, or where the accused is contesting the case. A lawyer can draft the complaint and the section 63 certificate, pursue the freeze and restitution, and, where you are named rather than victimised, protect your position. Our cyber crime lawyer in Kolkata page explains how an FIR is built, and our bail page covers the position of an accused person. Register the FIR and seek the freeze the same day.

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Frequently asked questions

How do I register an FIR for online fraud?

Prepare a written complaint describing the deception, the amount, the channel and the beneficiary account, attach indexed evidence, and give it at a police station. The officer must register an FIR under section 173 of the BNSS if a cognizable offence is disclosed, and must give you a free copy of it there and then.

Can I file an FIR if the fraud happened in another state?

Yes. Section 35 of the BNSS allows a zero FIR at any police station regardless of where the offence occurred. The case is registered and then transferred to the police station with jurisdiction, so distance or travel is not a barrier to filing and no station may send you away on that ground.

What if the police refuse to register my FIR?

Ask for the refusal in writing. Then apply to the magistrate under section 175(3) of the BNSS, who can direct an investigation into the matter. Attach the refusal, the portal acknowledgement and your evidence index, so that the application rests on a firm documented record rather than on an oral account of what happened.

Does an online complaint count as an FIR?

No. A complaint on cybercrime.gov.in creates a dated acknowledgement, not a registered FIR with a crime number. If a cognizable offence is disclosed you are entitled to have an FIR registered, and the portal acknowledgement is useful material to demand it and to fix the date and content of your first report.

What should the FIR say about online fraud?

It must describe the offence, not only the loss: the false representation, the inducement, the amount paid, the channel used and the beneficiary account. A narrative that shows the deception is what brings the conduct within section 318 of the BNSS and the applicable provisions of the Information Technology Act 2000.

Is an FIR enough to recover my money?

No. An FIR starts the criminal investigation but does not by itself freeze a bank account or return money to you. Report to 1930 and to your bank the same day to request a freeze on the beneficiary account, and pursue recovery separately. Early freezing is what actually makes recovery possible before the money disappears.

Do I have to pay for a copy of the FIR?

No. The BNSS requires that a copy of the FIR recorded under section 173 be given to the informant free of cost. Read it before signing, check the date, time, place and sections, and keep the copy safely as your case reference for every later follow-up, application and court filing.

Information for general guidance only and not legal advice. Provisions cited follow the Information Technology Act 2000, the Bharatiya Nyaya Sanhita 2023 and the Bharatiya Nagarik Suraksha Sanhita 2023.

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