If the police refuse to register a First Information Report (FIR), a person reporting a crime may have legal remedies. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), information disclosing a cognizable offence can be given to the officer in charge of a police station.
If the police refuse to record that information, the complainant may approach the Superintendent of Police and, if the statutory requirements are met, apply to the jurisdictional Magistrate under Section 175(3) of the BNSS.
1. When must the police register an FIR?
An FIR relates to information about a cognizable offence. In such offences, the police have the statutory authority to investigate without first obtaining an order from a Magistrate.
Examples of cognizable offences include murder and rape. The classification of an offence must, however, be checked under the applicable law.
Section 173(1) of the BNSS permits information about a cognizable offence to be given orally or by electronic communication. It also recognises that information may be provided irrespective of the area in which the offence occurred, enabling the procedure commonly known as a Zero FIR.
Where the information discloses a cognizable offence, the police generally cannot refuse registration merely because they have not yet established that the allegation is true.
Is a preliminary inquiry always necessary?
No. Section 173(3) permits a preliminary inquiry in a specific category of cognizable cases: offences punishable with imprisonment of three years or more but less than seven years. The officer in charge must obtain prior permission from an officer not below the rank of Deputy Superintendent of Police, consider the nature and gravity of the offence, and follow the statutory procedure, including the fourteen-day period.
This is not a general power to conduct a preliminary inquiry in every complaint or to delay every FIR.
2. What should you do if the police refuse to register an FIR?
Step 1: Submit the complaint to the police station
Give the complaint to the officer in charge of the police station. Clearly explain the incident, relevant dates and places, the persons involved if known, and the facts that may disclose a criminal offence.
Keep a copy of the complaint and any acknowledgment or other proof of submission.
Step 2: Send a written complaint to the Superintendent of Police
If the officer in charge refuses to record the information, Section 173(4) of the BNSS allows the aggrieved person to send the substance of the information in writing and by post to the Superintendent of Police concerned.
The SP must consider whether the information discloses the commission of a cognizable offence. If satisfied that it does, the SP may investigate the case personally or direct a subordinate police officer to investigate.
Keep copies of the complaint, postal receipt, delivery confirmation and any response received.
Step 3: Apply to the Magistrate
If the statutory remedy before the SP does not resolve the matter, the complainant may approach a Magistrate empowered under Section 210 of the BNSS.
Under Section 175(3), the Magistrate may, after considering the application supported by an affidavit, conducting any inquiry considered necessary, and considering the police officer’s submissions, order an investigation in accordance with law.
The application should explain the alleged offence, the refusal by the police, and the steps already taken before the SP. The Magistrate is required to consider the statutory conditions; an order directing investigation is not automatic.
3. Can the police refuse an FIR because the dispute is civil?
A dispute involving property, money, contracts or family relationships may be primarily civil in nature. However, the fact that a dispute is civil does not automatically exclude criminal liability.
For example, a disagreement over repayment of a loan does not, by itself, establish cheating. But if the facts disclose the necessary elements of a criminal offence, the matter may require criminal-law consideration in addition to any civil remedy.
The police must examine the substance of the information and the applicable law rather than rely only on the label given to the dispute.
4. What if the complaint concerns a non-cognizable offence?
Section 174 of the BNSS governs information relating to non-cognizable offences.
Generally, the police record the prescribed information and refer the informant to the Magistrate. The police cannot investigate a non-cognizable case without an order from a competent Magistrate. Even after receiving such an order, the police do not thereby acquire the power to arrest without a warrant merely by virtue of that order.
The procedure for a non-cognizable offence is therefore different from the procedure for a refusal to register an FIR concerning a cognizable offence.
5. Can an FIR be filed at a police station outside the area where the offence occurred?
Section 173(1) of the BNSS allows information relating to a cognizable offence to be given irrespective of the area where the offence was committed.
This supports the practice commonly called a Zero FIR. The information can be recorded at the police station approached by the informant and dealt with in accordance with the applicable procedure, including transfer where appropriate.
A person should not assume that they must first travel to the place where the offence occurred before reporting it.
Conclusion
If the police refuse to register an FIR, the complainant should preserve a copy of the complaint and evidence of submission, send the complaint in writing and by post to the Superintendent of Police under Section 173(4) of the BNSS, and consider an application to the competent Magistrate under Section 175(3) if the matter remains unresolved.
The appropriate remedy depends on the facts, the classification of the alleged offence and the statutory requirements.
This article is intended for general legal education and does not replace advice based on the facts of an individual case.