What to do when police refuse to register an FIR?

An FIR is the primary document that initiates criminal proceedings to punish those who are guilty. In case of theft committed or any is made damage to property, an FIR is necessary to claim insurance or protect yourself from any liability. It can be lodged by an exploited person, a witness to the incident, or any other individual with knowledge of the occurrence.

If you are reporting a cognisable wrongdoing and the police decline to register your FIR, you can make a complaint to a higher ranking officer, for example, the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP). You can additionally approach the nearest judicial magistrate, who has the power under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 156(3) of the Code of Criminal Procedure) to order the police to register the FIR and investigate. Make sure that you get a receipt of your grievance being registered.

It is also worth remembering that registration of an FIR is not a matter of police discretion. In Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, the Supreme Court held that registration of an FIR is mandatory under the law if the information discloses the commission of a cognisable offence, and no preliminary inquiry is permissible in such a situation. Two further safeguards now have statutory backing under the BNSS, 2023: a “Zero FIR” can be lodged at any police station irrespective of where the offence took place (and is then transferred to the police station having jurisdiction), and an “e-FIR” (information given electronically) is recognised, subject to it being signed within three days.

You can send your concern to the Superintendent of Police (SP) by registered post. You can make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission stating that the police are not doing their duties of upholding the law.

As far as police is concerned, once the FIR is registered, they need to examine the case deeply and minutely, record statements of all witnesses, and document the final report. Most of the times, the police presume that there is no premise for the protest or no proof accessible to indict the case, as a result further progress is dropped. This must be imparted to the complainant.

What’s more, the police is not to be paid any fee or money for registering the FIR and subsequent investigation. If anybody in the police station makes such a demand, a complaint should immediately be made to the senior police officer as mentioned above.

First Information of a Cognizable Crime Reported under Section 173 of the BNSS, 2023 (formerly Section 154 of the Code of Criminal Procedure) consists of the following:

Police Station …

District …

No …

Date and hour of Occurrence …

1. Date and hour when reported

2. Name and residence of informer and complainant.

3. Brief description of offence (with section) and of property carried off, if any.

4. Place of occurence and distance and direction from the Police Station.

5. Name & Address of the Criminal.

6. Steps taken regarding investigation explanation of delay in regarding information.

7. Date and Time of despatch from Police Station.

Signature …

Designation …

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