What to Do When Police Refuse to Register Your FIR

1. Introduction: Understanding FIR and Its Importance

A First Information Report, commonly known as FIR, is the foundational legal document that sets the criminal justice machinery in motion. It represents the first formal intimation received by law enforcement about the commission of a cognizable offence. The FIR is not merely a procedural formality; it is a constitutional right that empowers citizens to seek justice and ensures that the rule of law prevails.

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the Criminal Procedure Code (CrPC) on July 1, 2024, the provisions relating to FIR registration have been modernized while retaining the core principles of accessibility and mandatory registration for cognizable offences.

Why Is FIR Registration Critical?

• Initiates Criminal Investigation: The FIR sets the investigation process in motion, enabling police to collect evidence, examine witnesses, and apprehend suspects.
• Legal Record: It serves as an official record of the complaint and the first version of events, which can be crucial for trial proceedings.
• Protection Against Manipulation: An FIR provides a timestamped record that prevents manipulation of facts and protects the integrity of the investigation.
• Constitutional Right: The right to register an FIR is recognized as a fundamental right under Article 21 of the Constitution, ensuring access to justice.
• Time-Sensitive Evidence: Prompt FIR registration ensures timely collection of evidence, witness statements, and forensic materials before they deteriorate or disappear.

2. Legal Framework Under BNSS 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has revolutionized criminal procedural law in India. Section 173 of BNSS 2023 corresponds to the erstwhile Section 154 of the CrPC and forms the backbone of FIR registration procedures.

Key Provisions Under BNSS 2023

• Mandatory Registration: Section 173(1) makes it mandatory for police to register an FIR for every cognizable offence. The word "shall" indicates this is not discretionary.
• Written or Oral Information: FIR can be lodged orally or in writing. If given orally, police must reduce it to writing.
• Free Copy: Section 173(2) mandates that a free copy of the FIR must be provided to the informant immediately.
• Complaint to Superintendent: Section 173(3) provides remedy when police refuse to register FIR - complaint can be made to Superintendent of Police.
• Digital FIR: BNSS 2023 explicitly recognizes electronic filing and digital signatures, modernizing the FIR registration process.

3. Cognizable vs Non-Cognizable Offences Under BNS 2023

Understanding the distinction between cognizable and non-cognizable offences is fundamental to knowing whether an FIR can be registered or whether a different legal remedy must be pursued. The Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code on July 1, 2024, classifies offences into these categories.

What Are Cognizable Offences?

Cognizable offences are serious crimes where police have the authority to arrest the accused without a warrant and commence investigation without requiring permission from any court. These offences are generally punishable with imprisonment of three years or more.

Examples of Cognizable Offences Under BNS 2023

What Are Non-Cognizable Offences?

Non-cognizable offences are less serious crimes where police cannot arrest without a warrant and cannot commence investigation without obtaining permission from a Judicial Magistrate. For these offences, an FIR cannot be registered; instead, a complaint must be filed before the Magistrate.

Examples of Non-Cognizable Offences Under BNS 2023

• Assault (Simple): Causing hurt without serious injury (Sections 115-117 BNS)
• Defamation: Publishing or speaking statements damaging reputation (Sections 356-357 BNS)
• Public Nuisance: Acts annoying the public at large (Section 268 BNS)
• Criminal Trespass (Simple): Entering property without permission (Section 329 BNS)
• Mischief (Minor): Causing damage to property without serious consequences (Section 324 BNS)

The First Schedule: Classification Authority

The First Schedule of the BNSS 2023 (corresponding to Schedule I of the old CrPC) provides a comprehensive classification of offences as cognizable or non-cognizable. This schedule must be consulted to determine the nature of the offence and the appropriate legal remedy.

4. Who Can Register an FIR?

One of the most empowering aspects of Indian criminal law is that FIR registration is not restricted to victims alone. The law recognizes that crimes affect society as a whole, and therefore, provides broad standing for FIR registration.

Categories of Persons Who Can Register FIR

Mode of Giving Information

Section 173(1) of BNSS 2023 explicitly provides for two modes of giving information:

1. Oral Information: The informant can orally narrate the facts to the officer in charge of the police station, who must reduce it to writing, read it back to the informant, and obtain the informant's signature.
2. Written Information: The informant can submit a written complaint, which must be accepted and registered by the police station.

Territorial Jurisdiction

While an FIR should ideally be registered at the police station having territorial jurisdiction over the place where the offence occurred, the Supreme Court has clarified in multiple judgments that if a person approaches a police station outside the jurisdiction, the police must still record the information and forward it to the concerned police station. Refusal on grounds of jurisdiction is not permissible.

5. When Police Must Register FIR

The landmark judgment of the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) established unequivocally that registration of FIR is mandatory once information about a cognizable offence is received. This principle has been carried forward and strengthened under BNSS 2023.

The Lalita Kumari Principle

The Supreme Court in the Lalita Kumari case laid down the following principles that continue to apply under BNSS 2023:

• Registration of FIR is mandatory under Section 173 (erstwhile Section 154 CrPC); no preliminary inquiry is permissible in cases involving cognizable offences.
• The officer in charge of the police station cannot avoid registering FIR on the ground that the case requires preliminary inquiry.
• If the information received does not disclose a cognizable offence but indicates the necessity for preliminary inquiry, a record should be made and inquiry conducted, but this is an exception, not the rule.
• Exceptions to mandatory FIR registration are limited to specific categories such as matrimonial disputes, commercial offences, medical negligence cases, corruption cases, and cases where a preliminary inquiry is essential to ascertain whether a cognizable offence has been committed.

Exceptions to Immediate FIR Registration

The Supreme Court recognized limited exceptions where preliminary inquiry may be conducted before FIR registration:

6. What to Do When Police Refuse FIR Registration

Despite clear legal mandates, instances of police refusing to register FIR remain a practical challenge faced by citizens. Understanding your rights and the legal remedies available is crucial to ensuring justice is not denied.

Common Reasons Why Police Refuse FIR

• Jurisdictional Issues: Police claim the offence occurred outside their territorial jurisdiction
• Civil Dispute Claim: Police argue the matter is a civil dispute, not a criminal offence
• Lack of Evidence: Police demand "proof" before registering FIR (which is legally incorrect)
• Influential Accused: The accused has political or social influence
• Workload Pressure: Police wish to avoid investigation workload or meeting targets
• Preliminary Inquiry Excuse: Police wrongly insist on preliminary inquiry even for clear cognizable offences
• Settlement Pressure: Police encourage "compromise" instead of registering FIR
• Technical Objections: Police raise frivolous objections about complaint format or documentation

Immediate Steps When Police Refuse to Register FIR

7. Complaint to Superintendent of Police: Section 175(3) BNSS

Section 175(3) of BNSS 2023 (corresponding to Section 154(3) of the old CrPC) provides the first statutory remedy when police refuse to register an FIR. This provision empowers aggrieved persons to directly approach the Superintendent of Police.

How to File Complaint Under Section 175(3) BNSS

Format for Complaint to Superintendent of Police

To,
The Superintendent of Police,
[District Name]
[State]

Date: [Date]

Subject: Complaint under Section 175(3) BNSS, 2023 regarding refusal to register FIR

Respected Sir/Madam,

I, [Your Name], resident of [Your Address], hereby lodge this complaint under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the refusal of [Police Station Name] to register my FIR.

BRIEF FACTS:
1. On [Date], at approximately [Time], the following cognizable offence occurred: [Brief description of offence]
2. The offence falls under Section(s) [mention BNS sections] of Bharatiya Nyaya Sanhita, 2023.
3. I approached [Police Station Name] on [Date] to register FIR.
4. [Officer Name, if known], officer in charge/duty officer, refused to register FIR on the ground that [mention reason given].
5. Despite repeated requests and submission of written complaint on [Date], no FIR has been registered.

COGNIZABLE OFFENCE DETAILS:
[Provide detailed description of the cognizable offence, including who, what, when, where, and how]

RELIEF SOUGHT:
I request your good office to kindly direct registration of FIR and investigation into the matter as per law.

Enclosures:
1. Copy of written complaint submitted to police station
2. [Any other supporting documents]

Yours faithfully,
[Signature]
[Name]
[Contact Number]
[Email Address]
                

Powers of Superintendent of Police

Upon receiving complaint under Section 175(3), the Superintendent of Police has the following powers:

• Examine whether the information discloses commission of cognizable offence
• Direct the concerned police station to register FIR immediately
• Personally investigate the case
• Assign investigation to any subordinate police officer
• Take disciplinary action against the officer who refused FIR registration

8. Complaint to Judicial Magistrate: Section 175(3) & 177 BNSS

If the complaint to the Superintendent of Police does not yield results, or if the complainant wishes to directly approach the judiciary, Section 177(3) of BNSS 2023 provides a powerful remedy. This provision allows the aggrieved person to approach the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate (MM) for directions to police to register FIR and investigate.

Legal Basis for Magistrate's Intervention

The power of the Magistrate to direct police investigation is derived from two key provisions:

• Section 177(3) BNSS: Empowers Magistrate to order police investigation
• Section 176 BNSS: Empowers Magistrate to take cognizance of cognizable offences

This judicial remedy is particularly powerful because:

1. It brings judicial oversight to police inaction
2. Magistrate's order is binding on police
3. Non-compliance can lead to contempt proceedings
4. It protects citizens' constitutional right to access justice

Landmark Supreme Court Judgments

Procedure Before the Magistrate

9. Essential Elements of Complaint Under Section 177(3) BNSS

A well-drafted complaint under Section 177(3) BNSS significantly increases the likelihood of favorable judicial intervention. The complaint should be comprehensive, legally sound, and factually accurate.

Critical Components of the Complaint

Detailed Complaint Format

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
[District Name], [State]

COMPLAINT UNDER SECTION 177(3) READ WITH SECTION 176
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Complaint No.: _________ of 20___

IN THE MATTER OF:

[Complainant Name]
Son/Daughter of [Father's Name]
Aged [Age] years
Resident of [Complete Address]
                                                        ... Complainant

Versus

[Accused Name, if known]
Son/Daughter of [Father's Name]
Resident of [Address, if known]
                                                        ... Accused

MOST RESPECTFULLY SHOWETH:

1. JURISDICTION:
   That this Hon'ble Court has territorial jurisdiction to entertain and try the present complaint as the cognizable offence was committed within the jurisdiction of this Hon'ble Court at [Place]. This Hon'ble Court also has pecuniary jurisdiction in the matter.

2. COMPLAINANT'S DETAILS:
   That the complainant is a law-abiding citizen of India and is competent to file the present complaint.

3. BRIEF FACTS:
   That on [Date], at approximately [Time], at [Place], the following incident occurred:
   [Detailed narration of facts - who, what, when, where, how]

4. COGNIZABLE OFFENCE COMMITTED:
   That the above facts constitute cognizable offence punishable under Section(s) [mention specific BNS sections] of the Bharatiya Nyaya Sanhita, 2023. The said offence is cognizable as per First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. COMPLIANCE WITH SECTION 173(1) BNSS:
   That on [Date], the complainant approached [Police Station Name] to register First Information Report (FIR) under Section 173 of BNSS, 2023.

6. REFUSAL BY POLICE:
   That [Officer Name/Designation], the officer in charge/on duty, refused to register the FIR on the ground that [mention specific reason given].
   
   That despite repeated requests on [dates], the police have failed and/or refused to register FIR, which is mandatory under Section 173 of BNSS, 2023.

7. COMPLAINT TO SUPERINTENDENT OF POLICE (If applicable):
   That the complainant, aggrieved by the refusal, lodged complaint with the Superintendent of Police, [District], under Section 175(3) of BNSS, 2023 on [Date].
   
   That despite the lapse of [number] days, no action has been taken by the police authorities.

8. NECESSITY FOR INVESTIGATION:
   That the matter requires immediate investigation to preserve evidence, record statements of witnesses, and ensure justice is not delayed or denied.
   
   That the delay in registration of FIR is prejudicing the complainant's right to justice and violating the mandate of Section 173 of BNSS, 2023.

9. COMPLIANCE WITH LALITA KUMARI JUDGMENT:
   That the present case does not fall under any of the exceptional categories mentioned in the judgment of Hon'ble Supreme Court in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1, where preliminary inquiry is permissible.
   
   That the information clearly discloses commission of cognizable offence requiring immediate FIR registration.

10. COMPLIANCE WITH PRIYANKA SRIVASTAVA JUDGMENT:
    That the present complaint contains sufficient details about the alleged offence and satisfies the requirements laid down in Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287.

11. NO CIVIL DISPUTE:
    That the present matter is not a civil dispute but involves clear commission of cognizable criminal offence under BNS, 2023.

12. PRAYER:
    In light of the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:
    
    a) Take cognizance of the cognizable offence under Section(s) [BNS sections];
    
    b) Direct the Officer in Charge, [Police Station Name], to register FIR under Section 173 of BNSS, 2023 and investigate the matter in accordance with law;
    
    c) Direct the concerned police officer to submit Action Taken Report (ATR) within [specify time period] days;
    
    d) Pass any other order that this Hon'ble Court deems fit in the interest of justice.

LIST OF WITNESSES:
1. [Name, Address]
2. [Name, Address]
3. [Name, Address]

LIST OF DOCUMENTS/ANNEXURES:
Annexure-1: Copy of written complaint submitted to police station dated [Date]
Annexure-2: Copy of complaint to SP under Section 175(3) dated [Date]
Annexure-3: [Any other supporting documents]
Annexure-4: Certificate under Section 63 of BSA, 2023 [if electronic evidence]

VERIFICATION:
I, [Complainant Name], son/daughter of [Father's Name], aged [Age] years, resident of [Address], do hereby solemnly affirm and verify that the contents of the above complaint are true and correct to the best of my knowledge and belief, nothing material has been concealed therefrom, and no part of it is false.

Verified at [Place] on this [Date] day of [Month], 20__.

                                                    [Signature]
                                                    Complainant

Place: [Place]
Date: [Date]
                

Supporting Documents to be Annexed

10. Landmark Case Laws on FIR Registration

The jurisprudence on FIR registration has evolved significantly through landmark judgments of the Supreme Court and various High Courts. Understanding these precedents is essential for both legal practitioners and citizens seeking to assert their rights.

Supreme Court Judgments

Important High Court Judgments

11. Special Considerations for Cyber Crimes

With the increasing prevalence of cyber crimes, understanding FIR registration procedures for digital offences is crucial. The BNSS 2023 and BNS 2023 have incorporated provisions to address cyber crime investigations more effectively.

Cyber Crime Offences Under BNS 2023

Where to Register Cyber Crime FIR

• Local Police Station: Any police station can register cyber crime FIR. Under the Zero FIR concept, jurisdiction should not be a barrier.
• Cyber Crime Police Station: Most states have dedicated cyber crime police stations in major cities. These stations have specialized officers trained in cyber investigations.
• Online FIR Registration: Many states provide online FIR registration portals specifically for cyber crimes. Visit your state police website.
• National Cyber Crime Reporting Portal: Government of India's portal at cybercrime.gov.in allows online reporting of cyber crimes.

Documents Required for Cyber Crime FIR

Special Provisions in BNSS 2023 for Cyber Crimes

• Electronic Evidence Preservation: Police can issue directions to intermediaries and service providers to preserve electronic evidence
• Expert Assistance: Investigation can involve cyber forensic experts and technical specialists
• International Cooperation: Provisions for mutual legal assistance in cyber crime investigations involving foreign jurisdictions
• Expedited Investigation: Recognition of time-sensitive nature of digital evidence

12. CrPC vs BNSS: What Has Changed?

The transition from the Criminal Procedure Code (CrPC), 1973 to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 represents a significant modernization of criminal procedural law. While core principles remain intact, several important changes affect FIR registration and investigation.

Key Innovations in BNSS 2023

1. Digital Integration: Comprehensive provisions for handling digital evidence, online complaints, and electronic documentation
2. Time-Bound Procedures: Specific timelines for various stages of investigation and trial to ensure speedy justice
3. Victim Empowerment: Enhanced rights for victims including right to be heard, right to information, and right to participate in proceedings
4. Technology Adoption: Explicit recognition of video conferencing, electronic summons, and digital case management
5. Simplified Language: Removal of archaic terms; use of contemporary and accessible language

13. Practical Tips and Documentation

Before Approaching Police

During FIR Registration

• Be Clear and Specific: Provide clear, factual, and chronological account of events
• Mention All Accused: If you know the identity of accused, provide complete details
• State Cognizable Offence: Clearly mention which cognizable offence has been committed
• Don't Exaggerate: Stick to facts; exaggeration can harm your case later
• Read Before Signing: Carefully read the FIR before signing; ensure accuracy
• Get FIR Copy: Insist on free copy of FIR immediately (your right under Section 173(2))
• Note FIR Number: Record FIR number, date, time, and registering officer's name
• Polite but Firm: Be respectful but assertive about your legal rights

If Police Refuse FIR

Important Don'ts

This also provides a comprehensive overview of how to file a complaint under BNSS, with the Hon’ble Court of Magistrate.

Author: Adv (Dr.) Prashant Mali ♛ [MSc(Comp Sci), LLM, Ph.D.] is a practicing lawyer with expertise in Cyber Crime and Electronic Evidence matters.
Email: prashant.mali@cyberlawconsulting.com