Introduction
One of the most crucial steps in the Indian criminal justice system is the registration of a First Information Report (FIR) or complaint. This marks the beginning of any official investigation into a criminal act. However, in reality, many individuals face a major hurdle at this very first step—the refusal by police to register the FIR. This denial can be frustrating, especially when a victim is in distress or when justice is delayed due to police inaction.
This article serves as a detailed guide on what to do if the police refuse to register your FIR or complaint, the legal remedies available, and your rights as a citizen under the law.
1. Understanding FIR and Complaint: The Basics
Before diving into remedies, it is essential to distinguish between an FIR and a complaint:
- FIR (First Information Report): Lodged under Section 154 of the CrPC, it applies to cognizable offences (serious crimes such as murder, rape, theft, etc.) where the police are obligated to investigate and arrest without prior magistrate approval.
- Complaint: Defined in Section 2(d) of the CrPC, a complaint is an allegation made to a magistrate. It can be for both cognizable and non-cognizable offences. If the offence is non-cognizable, the police cannot investigate without magistrate permission.
2. Legal Duty of the Police
The Supreme Court of India, in several landmark judgments, has made it clear that police officers are duty-bound to register an FIR when a cognizable offence is reported.
Lalita Kumari v. Government of Uttar Pradesh (2014)
In this landmark case, the Supreme Court held:
“The registration of FIR is mandatory under Section 154 of the CrPC if the information discloses commission of a cognizable offence.”
This means that once information regarding a cognizable offence is brought to the notice of a police officer, he or she cannot refuse to file an FIR.
3. Common Reasons Police Give for Refusal
Unfortunately, despite legal obligations, police officers may refuse to register an FIR or complaint. Common excuses include:
- The crime did not occur in their jurisdiction.
- The case is not serious enough.
- “There is not enough evidence.”
- The issue is civil, not criminal.
- The complaint is false or exaggerated.
- Pressure from influential parties or corruption.
While some of these may seem reasonable, they are not valid grounds for refusing to file an FIR in the case of a cognizable offence.
4. Steps to Take When Police Deny FIR Registration
If you face a situation where police refuse to file your FIR, follow these step-by-step legal remedies:
Step 1: Insist on Filing Zero FIR
You can request the police to register a Zero FIR, especially if the crime occurred outside their jurisdiction. A Zero FIR is accepted by any police station and later transferred to the appropriate jurisdiction.
Legal Basis: There’s no legal restriction on jurisdiction for registering an FIR. This is especially useful in cases of rape, road accidents, or urgent matters.
Step 2: Demand Written Refusal
If the police refuse to register your FIR, ask the officer to give the refusal in writing, along with reasons and his/her designation and badge number.
- This written refusal can be used as evidence for your next steps.
- Most officers will hesitate to provide written denial, which may prompt them to accept your FIR.
Step 3: Approach a Senior Police Officer
If local police refuse to act, you can escalate the matter by submitting your complaint in writing to:
- Superintendent of Police (SP)
- Deputy Inspector General (DIG)
- Inspector General (IG)
- Commissioner of Police
How to Do It:
- Write a detailed complaint including all facts, dates, names of accused (if known), and a request to take legal action.
- Attach any supporting documents, evidence, or communication with the SHO.
- Submit in person, via registered post, or email (many states now accept digital complaints).
Step 4: File a Complaint Before Magistrate (Section 156(3) CrPC)
If senior police officers also do not act, file a complaint petition before a Magistrate under Section 156(3) of the CrPC, requesting directions to the police to register the FIR and begin investigation.
Procedure:
- Draft a detailed complaint outlining the facts of the case.
- Attach supporting documents.
- Submit an affidavit as mandated by the Supreme Court in Priyanka Srivastava v. State of UP (2015).
- The Magistrate can order the police to register the FIR and take appropriate steps.
Step 5: File a Writ Petition in the High Court
If even the Magistrate fails to provide relief, or in cases of grave violation of rights, you can approach the High Court under Article 226 of the Constitution by filing a writ of mandamus.
Grounds for Filing:
- Violation of your fundamental right to access justice.
- Failure of the police to perform their statutory duty under Section 154 CrPC.
Step 6: File a Complaint with Human Rights or Vigilance Authorities
In extreme cases where the refusal amounts to harassment or violation of human rights, consider approaching:
- National Human Rights Commission (NHRC)
- State Human Rights Commissions
- State Vigilance Department
- Police Complaints Authority (if available)
These bodies can initiate inquiries and take disciplinary action against negligent or corrupt officers.
5. Sample Format to Senior Police Officer
Here’s a simple sample format you can use when approaching higher authorities:
To, The Superintendent of Police, [District Name] Subject: Complaint against refusal to register FIR by [Name of Police Station] Respected Sir/Madam, I, [Your Full Name], residing at [Your Address], wish to bring to your kind attention that on [Date], I approached [Name of Police Station] to report a cognizable offence involving [brief description of the crime]. However, the duty officer refused to register my FIR without giving any valid reason. I request you to take immediate action in registering my complaint under appropriate provisions and initiate an investigation. I enclose a copy of my written complaint and relevant evidence for your perusal. Thanking you, Yours sincerely, [Your Name] [Contact Details] [Signature] Date:
6. Landmark Judgments Supporting Your Right
Here are some major Supreme Court rulings that protect citizens’ rights when police refuse to act:
1. Lalita Kumari v. Govt. of UP (2014)
Held that police must register FIR if the information discloses a cognizable offence.
2. Priyanka Srivastava v. State of UP (2015)
Directed that affidavits must accompany petitions under Section 156(3) CrPC to prevent misuse but reaffirmed the citizen’s right to seek redress.
3. State of Haryana v. Bhajan Lal (1992)
Laid down exceptional categories where FIRs can be quashed but also emphasized prompt registration in genuine cases.
7. Online Complaint Filing: A Useful Option
If in-person efforts fail or you’re not comfortable going to the police station, you can file an online complaint through your state police’s official website.
Example Portals:
| State/UT | Website URL |
| Delhi | https://delhipolice.gov.in |
| Maharashtra | https://mumbaipolice.gov.in |
| Tamil Nadu | https://eservices.tnpolice.gov.in |
| Karnataka | https://ksp.karnataka.gov.in |
| Uttar Pradesh | https://uppolice.gov.in |
Most portals allow for filing:
- General complaints
- Lost property reports
- Cybercrime complaints
- Feedback and grievance redressal
8. Can You Take Legal Action Against the Police?
Yes, in certain situations, you can:
- File a criminal complaint for dereliction of duty.
- Initiate departmental action for misconduct.
- File a civil suit for compensation if harm or delay results in injury.
9. Important Documents to Preserve
When navigating this process, always retain:
- Copies of your written complaint
- Any acknowledgment from police or senior officers
- Emails or SMS confirmations (if online)
- Affidavits and court filings
- Names and ranks of police officials involved
These serve as crucial evidence for legal proceedings.
10. Practical Tips for Citizens
- Stay calm and assertive: Don’t let intimidation or delay tactics deter you.
- Take someone along: It helps if you’re emotionally distressed or facing resistance.
- Use legal aid: Free legal services are available under the Legal Services Authorities Act.
- Document everything: Keep a record of dates, names, and communications.
Conclusion
The refusal of the police to register your FIR or complaint is not just an inconvenience—it’s a violation of your legal and fundamental rights. Fortunately, Indian law provides a clear, step-by-step process for seeking justice in such situations. From escalating the matter to senior police officers, approaching the judiciary, or using online mechanisms, there are multiple remedies available to you.
Empowered with awareness, persistence, and the right legal support, every citizen has the tools to ensure that justice is not denied at the first door—your neighborhood police station.
