You walk into a police station to report a crime, and the officer says, "This is not our area," "Come tomorrow," or "Let us settle this quietly." Many people give up at this point. But a police station is a public office, and registering a First Information Report (FIR) for a serious crime is a legal duty, not a favour.
This guide explains your rights and every remedy available under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC on 1 July 2024. We have corrected a few points that are often misunderstood, including the e-FIR rule and the punishment for police officers who refuse to register certain FIRs.
Contents
- What Is an FIR?
- Cognizable vs Non-Cognizable Offences
- Zero FIR
- e-FIR: The 3-Day Signature Rule
- Preliminary Enquiry: When Can Police Delay?
- Step-by-Step Remedies if the Police Refuse
- Your Rights When Filing an FIR
- Action Against Officers Who Refuse
- Landmark Supreme Court Judgments
- FAQs
What Is an FIR?
An FIR is the first written record of information about a crime, given to the police. It sets the criminal law in motion: the police can begin investigation, collect evidence and arrest the accused. Under Section 173 BNSS (earlier Section 154 CrPC), information about a cognizable offence may be given orally, in writing or by electronic communication.
Cognizable vs Non-Cognizable Offences
| Point | Cognizable | Non-Cognizable |
|---|---|---|
| Seriousness | Serious offences such as murder, rape, robbery, kidnapping | Less serious offences such as defamation and simple hurt |
| FIR | Police must register an FIR | Police enter the information in a register and refer you to the Magistrate |
| Investigation | Can start without the Magistrate's order | Needs the Magistrate's order (Section 174 BNSS) |
| Arrest | Generally without warrant | Generally only with a warrant |
So if the offence is non-cognizable, the police are not "refusing" when they decline to investigate on their own. Your remedy is to approach the Magistrate.
Zero FIR
A common excuse is "the crime happened in another area." Section 173(1) BNSS answers this: information about a cognizable offence can be given to an officer in charge of a police station irrespective of the area where the offence was committed.
- The FIR is registered with serial number "0" and later transferred to the police station that has jurisdiction.
- It prevents delay in urgent matters such as medical examination and evidence collection.
- The police station cannot reject your complaint only on the ground of jurisdiction.
e-FIR: The 3-Day Signature Rule
Section 173(1) BNSS allows you to give information by electronic communication, for example through a state police portal, email or app. But there is a catch: when information is given electronically, it is taken on record only after you sign it within three days. Many people file online and forget to visit the police station, so their FIR never gets registered.
Preliminary Enquiry: When Can Police Delay?
The Supreme Court in Lalita Kumari held that registration is mandatory if the information discloses a cognizable offence. BNSS Section 173(3) now allows a limited exception: for offences punishable with three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, hold a preliminary enquiry, within 14 days, to see if a prima facie case exists.
Step-by-Step Remedies if the Police Refuse
Step 1: Insist on registration and ask for a written reason
Give your complaint in writing (keep a copy) and ask the officer to note it. If the police decline, request a written acknowledgement or the reason for refusal. In an emergency, call 112. For cyber fraud, call 1930 or use cybercrime.gov.in.
Step 2: Send the complaint to the SP or DCP (Section 173(4))
Send the substance of your complaint in writing by post (registered or speed post) to the Superintendent of Police, or the Deputy Commissioner of Police in cities. If the senior officer is satisfied that a cognizable offence is disclosed, he or she will investigate personally or direct a subordinate officer to do so. Keep the postal receipt and a copy of your letter, since you will need them if you go to the Magistrate.
Step 3: Apply to the Magistrate (Section 175(3))
If the SP also does not act, you can approach the Judicial Magistrate. Under Section 175(3) BNSS (earlier Section 156(3) CrPC), the Magistrate can direct the police to register an FIR and investigate. The law now requires that:
- your application is supported by an affidavit,
- the Magistrate may make such inquiry as he thinks necessary, and
- the Magistrate considers the police officer's submissions before ordering.
Attach copies of your earlier complaint, the postal receipt and the letter you sent to the SP.
Step 4: Other options
- Private complaint before the Magistrate under Section 223 BNSS (earlier Section 200 CrPC), where the Magistrate takes cognizance directly.
- Writ petition in the High Court under Article 226 in exceptional cases where the police inaction is clearly unlawful.
- State Police Complaints Authority (where constituted), the state DGP's grievance cell, or the state Human Rights Commission for serious misconduct.
Your Rights When Filing an FIR
- Read before you sign: The police must record your information and read it over to you. Check names, dates, place
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