Police are refusing to register my FIR. What can I do?
Simple answer
If your complaint shows a cognizable offence (one where police can arrest without a warrant), police generally must register an FIR. If they refuse, send your written complaint by post to the district SP. If that also fails, apply to the Magistrate.
Real-life examples
Lakshmi was robbed at knifepoint in Chennai. The station only took an 'application' and did not register an FIR. Robbery is a serious cognizable offence, so she posted her written complaint to the SP, who directed an investigation.
Joseph's neighbour shouted abuse at him over parking. Police noted it in a register and told him to go to the Magistrate. That can be correct: an insult like this is non-cognizable, so police cannot investigate it without a Magistrate's order.
What should you do?
- 1Write your complaint: what happened, when, where, who did it and who saw it. Keep a copy.
- 2Give it at the police station and ask for an FIR and a free copy. If they refuse, get the station's receiving stamp on your copy.
- 3Send the complaint in writing by registered or speed post to the Superintendent of Police (SP) of the district. Keep the postal receipt.
- 4If the SP doesn't act, file an application with an affidavit before the Magistrate, attaching your complaint and postal receipts. Take a lawyer's help.
- 5Can't afford a lawyer? Call NALSA at 15100 for free legal aid. In an emergency, call 112.
Exceptions & limits
- For offences punishable with 3 years or more but less than 7 years, police may, with a DSP's permission, first hold a preliminary enquiry of up to 14 days.
- For non-cognizable (minor) offences, police only record the complaint and refer you to the Magistrate.
- Refusing to record an FIR for certain serious offences, such as rape, acid attack, voyeurism or trafficking, is itself a crime by the officer.
Official legal reference
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 173(1), (2), (4)
Police must record information about a cognizable offence and give a free copy; if they refuse, it can be sent in writing by post to the SP.
Earlier: CrPC Section 154Read the official textBharatiya Nagarik Suraksha Sanhita, 2023 — Section 173(3)
For offences punishable with 3 to under 7 years, police may, with DSP permission, hold a preliminary enquiry within 14 days.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 175(3)
A Magistrate can order police to investigate, on an application backed by an affidavit, made after first approaching the SP.
Earlier: CrPC Section 156(3)Read the official textBharatiya Nyaya Sanhita, 2023 — Section 199
A public servant who fails to record an FIR for listed offences like rape, acid attack or trafficking faces 6 months to 2 years' jail and a fine.
Earlier: IPC Section 166ARead the official textLalita Kumari v. Govt. of U.P. (2013)
Supreme Court: registering an FIR is mandatory when the information discloses a cognizable offence; preliminary inquiry only in limited cases.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 1 Jul 2024
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.