Police Not Registering Your FIR? What You Can Do
The problem
You went to the police station to report a crime. The police refused to register an FIR, told you to “settle it”, or only gave you a receipt for a petition.
Example: A woman reports that a neighbour assaulted her. The station tells her it is a “civil matter” and sends her back.
What the law says
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police must register an FIR when information discloses a cognizable offence. The Supreme Court has held that registering an FIR in such cases is mandatory. For some offences punishable with 3 to 7 years, the police may first hold a short preliminary enquiry.
What you can do – step by step
- Give your complaint in writing and ask for a signed acknowledgment. Keep a copy.
- Ask for a Zero FIR. You can report at any police station, even if the crime happened elsewhere. The FIR is then sent to the right station.
- Use e-FIR where available. You can report online, and you must then sign the complaint at the station within 3 days.
- Write to the Superintendent or Commissioner of Police under Section 173(4) of the BNSS, attaching your complaint. Send it by registered post or email.
- Apply to the Magistrate under Section 175(3) of the BNSS, with an affidavit, if the police still do not act. The Magistrate can order the police to investigate.
- Approach the High Court by writ petition in serious cases of police inaction.
Documents to keep
- Copy of your written complaint and the acknowledgment
- Proof of sending it to senior officers
- Medical records, photos, messages or other evidence of the offence
Mistakes to avoid
- Making only an oral complaint with no copy.
- Adding exaggerated facts. They can weaken your case later.
- Waiting too long. Delay makes evidence harder to collect.
Contact
To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our Criminal Law practice.
This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.
