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

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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

What can I do if the police refuse to register my FIR? is governed in India primarily by BNSS 2023 s.173, BNSS 2023 s.175(3) and Constitution of India Art.226. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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.

What to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNSS 2023 s.173 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.