Bail & Criminal
What can I do if the police refuse to register my FIR?
Quick Answer
First send a written complaint to the Superintendent of Police under Section 173(4) BNSS. If still ignored, file a complaint before the Magistrate under Section 175(3) BNSS, who can direct the police to register the FIR and investigate.
Police cannot lawfully refuse to register an FIR for a cognisable offence. The BNSS gives you a clear, escalating remedy if they do:
- Step 1: Send your complaint in writing, by registered post, to the Superintendent of Police under Section 173(4) BNSS. If satisfied a cognisable offence is disclosed, the SP must have it investigated.
- Step 2: If that fails, move an application before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to register and investigate the case.
- Step 3: In appropriate cases, a writ petition before the High Court can also compel action.
Keep copies and postal receipts of every complaint you send, because these prove you approached the police first, which is a precondition for the Magistrate's intervention.
In practice at the Lucknow Bench, we find a properly drafted Section 175(3) application, annexing the earlier written complaints and their dispatch proof, is the most reliable route. Vague or undated complaints are the usual reason applications get delayed.
Acting quickly also matters for evidence. The sooner the FIR is registered, the better the chance of preserving CCTV footage, medical records and witness accounts before they are lost. Delay also gives the accused time to anticipate the case and prepare a defence, which is another reason not to let a refusal stall you.
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Answer by Advocate Onkar Pandey, Advocate, Allahabad High Court, Lucknow Bench (Bar Council of UP, Enrolment 4825-1999). This is general legal information, not a substitute for advice on your specific case.
Need help with your own case?
Talk to Advocate Onkar Pandey, Allahabad High Court, Lucknow Bench.