An FIR is registered for a cognizable offence, and the police can investigate it, and arrest in it, without a court's order. An NCR (non-cognizable report) is the entry made when you report a non-cognizable offence: the police record it, refer you to the Magistrate, and cannot investigate unless the Magistrate orders them to. If your complaint discloses even one cognizable offence, you are entitled to an FIR, not an NCR.
What the law says about each
FIR. Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) covers information "relating to the commission of a cognizable offence". It must be written down, signed and entered in the station book, and you get a free copy. The police then investigate under section 175 without needing anyone's permission.
NCR. Section 174(1) deals with information about a non-cognizable offence committed within the station's limits. The officer must enter the substance of it in a book, refer the informant to the Magistrate, and forward the daily diary report of all such cases to the Magistrate every fortnight. Section 174(2) adds: "No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial."
Cognizable and non-cognizable: how to check
The First Schedule to the BNSS lists every offence in the Bharatiya Nyaya Sanhita (BNS) and marks it cognizable or non-cognizable. Some common examples from the Schedule:
Usually non-cognizable (NCR)
- Voluntarily causing hurt, BNS section 115(2).
- Criminal intimidation, section 351(2).
- Intentional insult to provoke a breach of the peace, section 352.
- Defamation, section 356(2).
- Simple cheating, section 318(2).
- Mischief causing small loss, section 324(2).
Cognizable (FIR)
- Theft, section 303(2).
- Voluntarily causing grievous hurt, section 117(2).
- Cheating and dishonestly inducing delivery of property, section 318(4).
- Cheating by personation, section 319(2).
Notice how much depends on the facts. A slap is hurt; a broken bone is grievous hurt. A false promise is cheating; a false promise that makes you hand over money is cheating with delivery of property. Describe exactly what happened, including injuries and money or property lost, because the details decide the category.
Three everyday examples
- A shove in a parking dispute, no injury beyond a bruise. This is likely hurt under section 115(2), which is non-cognizable. Expect an NCR. If the other person keeps threatening you, keep each NCR number; a pattern helps when you go to the Magistrate.
- A phone repairer who keeps your phone and stops answering. Depending on the facts, this may be criminal breach of trust, which the Schedule lists as cognizable under section 316(2), or a civil dispute over a bill. Describe the handing over of the phone and the refusal to return it clearly.
- An online seller who takes payment and never delivers, using a fake identity. Cheating by personation and cheating with delivery of money are both cognizable. You should get an FIR, and you should report it on the cybercrime helpline as well.
The mixed-case rule
Section 174(4) of the BNSS says that where a case relates to two or more offences and at least one is cognizable, the whole case is deemed cognizable, even though the others are not. So if a neighbour threatened you (non-cognizable) and also broke your arm (cognizable), the station should register an FIR for the whole incident.
Why stations sometimes give an NCR when an FIR is due
It is common for a cognizable complaint to be recorded as an NCR, sometimes by describing a serious injury as simple hurt, or money fraud as a "civil dispute". Before you leave the station:
- Ask which section of the BNS the officer has applied.
- Check that section in the First Schedule.
- If the facts show a cognizable offence, say so in writing and ask for an FIR.
If the officer refuses, the steps in our guide on what to do when police will not register an FIR apply: a written complaint to the Superintendent of Police and then an application to the Magistrate. You can also report the same facts at another police station or online, because section 173(1) does not depend on the station's area; see zero FIR and e-FIR.
What to do with an NCR
An NCR is not the end of the road. You have two main routes:
- Ask the Magistrate to order an investigation. Under section 174(2), the Magistrate who can try the case may direct the police to investigate. An officer acting on that order has the powers used in a cognizable case, except the power to arrest without warrant (section 174(3)).
- File a private complaint before the Magistrate, who examines you and your witnesses on oath and decides whether to summon the other person.
Keep the NCR copy and number. It shows you reported the matter promptly, which matters if the behaviour continues and escalates into something cognizable, such as repeated threats followed by an assault.
Arrest and NCRs
People sometimes fear an NCR will lead to an arrest, or hope it will. Neither is right. Section 35(2) of the BNSS says that a person concerned in a non-cognizable offence cannot be arrested except under a warrant or order of a Magistrate.
Getting a copy
You are entitled to a free copy of an FIR under section 173(2); the procedure is in our guide on getting an FIR copy online. For an NCR, ask the station for a copy or the entry number at the time you report. If you believe an officer deliberately misrecorded a serious complaint, you can also complain against the police officer.
