Police Not Registering Your FIR? What You Can Do

ByBase Legal

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

  1. Give your complaint in writing and ask for a signed acknowledgment. Keep a copy.
  2. 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.
  3. Use e-FIR where available. You can report online, and you must then sign the complaint at the station within 3 days.
  4. 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.
  5. 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.
  6. 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.

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