What to Do When the Police Refuse to Register an FIR

This article is general information only, not legal advice, and not solicitation of work. It should not be relied upon as a substitute for advice on your specific facts.

The Legal Position

Registration of an FIR for a cognizable offence is not discretionary. Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which corresponds to the earlier Section 154 of the CrPC) requires an officer in charge of a police station to register an FIR on receiving information about a cognizable offence. The Supreme Court has held that refusal to register an FIR in such cases is itself unlawful, subject to a short preliminary inquiry in a narrow set of situations, such as matrimonial or commercial disputes, to assess whether a cognizable offence is even disclosed.

Practical First Steps

If an officer refuses to register a complaint, the first step is usually to submit the complaint in writing and retain an acknowledged copy or proof of submission, such as a courier receipt or an email. This creates a record that a complaint was in fact made, which becomes important for any escalation.

Escalating the Refusal

The complainant can send the substance of the complaint in writing, by post, to the Superintendent of Police or an equivalent senior officer, who is empowered to either investigate the matter personally or direct that an investigation be carried out. If that also does not result in registration, the complainant can approach a Magistrate under Section 175(3) of the BNSS, which allows a Magistrate to direct the police to register and investigate a case.

When to Involve a Lawyer

Persistent refusal, particularly in serious matters, is often a sign that legal assistance is needed to draft the representation correctly and, where necessary, to move the appropriate court. A well-documented paper trail from the outset makes that process considerably faster.

This note is prepared by our Criminal Litigation team. If you are dealing with a related situation, get in touch with us.