Yes. An FIR remains legally valid even if the name or identity of the accused is unknown at the time of its registration. If the information discloses the commission of a cognizable offence, the police can register an FIR against “unknown persons” and investigate to identify the offender.
Many people mistakenly believe that an FIR cannot be registered unless the complainant knows the name, address, or identity of the accused. This is a common misconception. In reality, the law does not require the complainant to identify the accused before an FIR is registered. The primary purpose of an FIR is to report the occurrence of a cognizable offence and set the criminal law in motion. Identifying the offender is one of the principal objectives of the police investigation.
Is the Name of the Accused a Mandatory Requirement?
No.
Neither the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) nor the earlier Code of Criminal Procedure mandates that the accused must be named in the FIR.
What is required is that the information given to the police should disclose the commission of a cognizable offence. If that requirement is satisfied, the FIR can be registered even if the accused is described only as:
- Unknown person.
- Unknown persons.
- Unknown driver.
- Unknown assailant.
- Unknown thief.
- Unknown caller.
- Unknown intruder.
The absence of the accused’s name does not affect the legality of the FIR.
Why Does the Law Permit FIRs Against Unknown Persons?
The identity of the offender is often not known immediately after the commission of a crime. If the law required the complainant to identify the accused before registering an FIR, many serious offences would go uninvestigated.
The purpose of the investigation is to:
- Discover the identity of the offender.
- Collect evidence.
- Locate and arrest the accused, where warranted.
- Recover stolen property or weapons.
- Establish the circumstances of the offence.
Therefore, an FIR against unknown persons is both lawful and practical.
Common Situations Where the Accused Is Unknown
An FIR against unknown persons is common in cases involving:
- Theft during the night.
- House-breaking.
- Burglary.
- Snatching by helmet-wearing riders.
- Hit-and-run accidents.
- Murder by unidentified persons.
- Robbery by masked individuals.
- Vandalism of property.
- Cyber fraud where the perpetrator’s identity is concealed.
- Anonymous extortion calls.
- Arson.
- Damage to public property.
In all these situations, the police begin with an unknown accused and identify the offender through investigation.
Practical Example 1: House Burglary
A family returns home after a vacation and discovers that jewellery and cash have been stolen.
No one witnessed the offence, and the offenders are unknown.
The police register an FIR against unknown persons and begin investigating by examining:
- CCTV footage.
- Fingerprints.
- Forensic evidence.
- Neighbourhood witnesses.
- Mobile phone data.
- Stolen property records.
The FIR remains valid even though the accused was unnamed.
Practical Example 2: Hit-and-Run Accident
A pedestrian is struck by a speeding vehicle whose driver immediately flees.
No witness knows the driver’s identity.
An FIR is registered against an unknown driver. During the investigation, CCTV footage helps identify the vehicle, and the registered owner is traced.
Practical Example 3: Cyber Fraud
A person loses money after receiving a fraudulent phone call from an unknown individual.
The complainant does not know the fraudster’s name or location.
The police register an FIR and later trace the accused through:
- Bank account details.
- Mobile numbers.
- IP addresses.
- Digital payment records.
- Electronic devices.
How Do Police Identify Unknown Accused?
The Investigating Officer may rely on various forms of evidence, including:
- CCTV recordings.
- Mobile phone location data.
- Call Detail Records (CDRs).
- Fingerprints.
- DNA profiling.
- Forensic examination.
- Witness statements.
- Vehicle registration details.
- Bank transaction records.
- Social media accounts.
- Electronic communications.
- Facial recognition technology, where legally permissible.
The investigation continues until sufficient evidence is gathered to identify the accused.
Can the Name of the Accused Be Added Later?
Yes.
Once the identity of the offender is established during the investigation, the police update the case records and proceed against the identified person.
If multiple accused are identified over time, all of them may be included in the investigation and, where appropriate, in the final report or charge sheet.
What If the Wrong Person Is Initially Named?
Sometimes, a complainant mistakenly suspects a particular person and names them in the FIR.
If the investigation reveals that the named person is innocent and someone else committed the offence, the police may:
- Exonerate the wrongly named person.
- Proceed against the actual offender.
- File the appropriate report before the court.
This demonstrates that the investigation, rather than the FIR itself, determines the identity of the accused.
Does an FIR Against Unknown Persons Affect the Strength of the Case?
Not necessarily.
Many criminal cases begin with unknown accused and later result in successful prosecutions based on:
- Scientific evidence.
- Digital evidence.
- Recovery of stolen property.
- Confessions admissible in law.
- Independent witness testimony.
- Medical and forensic reports.
The absence of a named accused at the time of registration does not weaken the case if reliable evidence emerges during the investigation.
Frequently Asked Questions
Can the police refuse to register an FIR because I do not know the accused?
No. If your complaint discloses a cognizable offence, the police should not refuse registration merely because the accused is unknown.
Can an FIR mention only a physical description of the accused?
Yes. If the complainant can describe the accused’s appearance, clothing, vehicle, or other identifying features, those details may be included in the FIR.
Can an accused be arrested later if identified through CCTV?
Yes. If the investigation identifies the offender through CCTV footage or other admissible evidence, the police may take action in accordance with the law.
Can an FIR remain pending until the accused is identified?
Yes. The investigation continues while the police attempt to trace the offender. Depending on the evidence, the police may later file a charge sheet against the identified accused or an appropriate closure report if the offender cannot be traced despite reasonable efforts.
Important Judicial Principle
Indian courts have consistently recognised that the object of an FIR is to report the commission of a cognizable offence, not to provide a complete account of every detail, including the identity of the offender. The identity of the accused is often discovered through investigation, and an FIR against unknown persons is legally valid and frequently encountered in criminal practice.
Conclusion
An FIR remains fully valid even when the accused’s name is unknown. The law does not require the complainant to identify the offender before reporting a cognizable offence. Registration of an FIR against “unknown persons” is a common and legally recognised practice, and it is the responsibility of the investigating agency to identify the accused through evidence gathered during the investigation.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304