If the police refuse to register your FIR despite receiving information about a cognizable offence, you can submit a written complaint to the Superintendent of Police (SP) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. If no action is taken, you may approach the jurisdictional Magistrate under Section 175 BNSS, who can direct the police to register the FIR and investigate the case.
Detailed Explanation
If you are a victim of a crime or have information about a cognizable offence, the police are generally required to register an FIR before starting an investigation. A cognizable offence is a serious crime where the police can arrest a person without a warrant, such as murder, rape, kidnapping, robbery, or cheating in certain circumstances.
Sometimes, police officers refuse to register an FIR due to lack of evidence, jurisdiction issues, or other reasons. However, the law provides several remedies if an FIR is not being registered.
What should you do if the police refuse to register your FIR?
Follow these steps in order:
| Step | What You Should Do |
|---|---|
| 1 | Visit the police station and submit your complaint in writing. Ask for a receiving copy. |
| 2 | If the Station House Officer (SHO) refuses, send your complaint to the Superintendent of Police (SP) by post, email, or online, if available. |
| 3 | Keep copies of your complaint, postal receipt, email acknowledgment, and supporting documents. |
| 4 | If the SP also does not take action, file an application before the Judicial Magistrate under Section 175 BNSS. |
| 5 | The Magistrate may direct the police to register the FIR and investigate the matter. |
Can the police refuse to register every complaint?
No.
The police can refuse to register an FIR only when the complaint does not disclose a cognizable offence. If the matter relates to a non-cognizable offence, the police record it in the Non-Cognizable Register (NCR) and advise the complainant to approach the Magistrate where required.
Difference between Cognizable and Non-Cognizable Offences
| Cognizable Offence | Non-Cognizable Offence |
|---|---|
| Police can register FIR immediately | FIR is generally not registered immediately |
| Police can investigate without prior court permission | Police usually require Magistrate’s permission to investigate |
| Examples: Murder, rape, robbery, kidnapping | Examples: Defamation, simple hurt, public nuisance (depending on facts) |
What happens after approaching the Superintendent of Police?
If the SP is satisfied that your complaint discloses a cognizable offence, the SP may:
- Direct the concerned police station to register the FIR.
- Order another police officer to investigate the case.
- Monitor the investigation if necessary.
This remedy often resolves the issue without approaching the court.
What if the Superintendent of Police also does not act?
You can approach the jurisdictional Judicial Magistrate under Section 175 BNSS, 2023.
The Magistrate may examine your complaint and, if satisfied that a cognizable offence is made out, direct the police to register the FIR and conduct an investigation according to law.
Can you file an online complaint?
Yes. Many States and Union Territories provide online complaint portals and citizen grievance systems through their police websites. If available, you may submit your complaint online and keep the acknowledgment for future reference.
Practical Example
Suppose a person’s motorcycle is stolen and they immediately visit the police station. The police refuse to register an FIR, saying they should search for the vehicle themselves first.
In such a situation, the person can submit a written complaint to the Superintendent of Police. If no action follows, they can file an application before the Magistrate seeking directions for registration of the FIR.
Key Points / Important Facts
- An FIR is generally mandatory for information relating to a cognizable offence.
- Always submit your complaint in writing and keep proof of submission.
- If the SHO refuses to register the FIR, approach the Superintendent of Police.
- If no action is taken, you can seek directions from the Judicial Magistrate.
- Keep copies of documents, photographs, videos, medical reports, and witness details, if available.
- Delay in registration should not discourage victims from pursuing their legal remedies.
- False complaints may attract legal consequences, so the facts stated should be truthful.
Legal Provision or Section
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 173 – Information in Cognizable Cases
This section deals with recording information relating to cognizable offences. If the officer in charge refuses to record such information, the complainant may send the information in writing to the Superintendent of Police.
Section 175 – Magistrate’s Power to Order Investigation
This section empowers a Judicial Magistrate to order the police to investigate a case when appropriate. It provides an important remedy if the police fail to register an FIR or do not investigate properly.
Important Supreme Court / High Court Judgments
Lalita Kumari v. Government of Uttar Pradesh (2013)
The Supreme Court held that registration of an FIR is mandatory when information discloses a cognizable offence. A preliminary inquiry is permitted only in limited categories of cases.
Sakiri Vasu v. State of Uttar Pradesh (2008)
The Supreme Court clarified that if the police do not register an FIR or fail to investigate properly, the complainant should ordinarily approach the Magistrate, who has adequate powers to ensure a proper investigation.
Priyanka Srivastava v. State of Uttar Pradesh (2015)
The Supreme Court held that applications seeking directions for registration of an FIR before the Magistrate should generally be supported by an affidavit to prevent misuse of the legal process.
Frequently Asked Questions (FAQs)
1. Can police refuse to register an FIR?
Yes, but only if the complaint does not disclose a cognizable offence. If a cognizable offence is disclosed, the police are generally required to register the FIR.
2. What should I do if the SHO refuses to register my FIR?
You should send your written complaint to the Superintendent of Police under Section 173 BNSS. If no action is taken, you may approach the Judicial Magistrate under Section 175 BNSS.
3. Can I register an FIR online?
Many States provide online complaint facilities through their police portals. The availability and procedure vary from one State to another.
4. Is a lawyer necessary for filing an FIR?
No. A lawyer is not required to lodge an FIR. However, legal assistance may be helpful if the police repeatedly refuse to register your complaint or the matter involves complex legal issues.
5. Can the Magistrate order the police to register an FIR?
Yes. Under Section 175 BNSS, the Magistrate can direct the police to investigate a matter if the legal requirements are satisfied.
6. Can action be taken against a police officer for refusing to register an FIR?
Yes. If a police officer unlawfully refuses to register an FIR despite information about a cognizable offence, departmental action or other legal consequences may follow depending on the facts and applicable law.
Conclusion
If the police are not registering an FIR despite receiving information about a cognizable offence, you are not without legal remedies. You can first approach the Superintendent of Police and, if necessary, seek directions from the Judicial Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023. Keeping proper records of your complaint and supporting documents can strengthen your case and help ensure that the law is followed.
Sources & References
- Department of Justice, Government of India
https://doj.gov.in/ - India Code – Official Repository of Central Acts and Rules
https://www.indiacode.nic.in/
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.