What can I do if the police refuse to register my FIR?

Question

The police station is refusing to write my FIR even though I have described a cognizable offence. I want to know how to force them to register it. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What can I do if the police refuse to register my FIR?" turns on BNSS 2023 s.173, BNSS 2023 s.175(3) and Constitution of India Art.226. The points below set out the position and then what to do about it, in the order it should be done.

Under BNSS s.173, a police officer must register an FIR on receiving information about a cognizable offence; refusal without inquiry is illegal except in narrow categories (matrimonial, commercial, medical negligence, corruption disputes punishable 3-7 years) where a 14-day preliminary check is allowed.

If the officer-in-charge refuses, you can send the complaint in writing by post to the Superintendent of Police under s.173(4), who must direct registration or investigate himself.

You can also approach the jurisdictional Magistrate under BNSS s.175(3) for a direction to the police to register and investigate, following the Lalita Kumari (2014) principle now codified in the statute.

A writ petition under Article 226 before the High Court is available where the Magistrate route is delayed or the offence is serious, seeking a mandamus for registration.

Keep a dated written complaint copy, postal receipt or online complaint acknowledgment as proof of refusal, since courts require evidence that you first approached the police.

In practice, in this order: 1) Submit a written complaint at the police station and take an acknowledged copy or receipt; 2) If refused, send the same complaint by registered post to the SP/DCP under s.173(4); 3) File an application under BNSS s.175(3) before the jurisdictional Magistrate for a direction to register the FIR; 4) If urgent or serious, file a writ petition under Article 226 in the High Court.

Timing matters here: BNSS 2023 s.173 works on limitation periods, so a fir refusal claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.