Applies when a citizen has reported a cognizable offence to the police, but the police refuse to register it, delay it indefinitely, or turn the complainant away. Indian law treats FIR registration for a cognizable offence as mandatory, not discretionary, and provides a defined escalation path when that duty is not followed.
1. Confirm the offence is cognizable
The mandatory-registration rule applies where the information discloses a cognizable offence. If the information does not clearly disclose one, the police may conduct a limited preliminary inquiry first, but if that inquiry shows a cognizable offence has occurred, the FIR must then be registered.
2. Insist on registration in writing, if refused orally
A written complaint, given in person or sent by post, creates a clearer record than an oral request that was simply turned away at the counter.
3. Escalate in writing to the Superintendent of Police or DCP
Under BNSS s.173(4), if a police station refuses to register a cognizable offence, the aggrieved person may send the substance of the complaint in writing, by post, to the Superintendent of Police (or the Deputy Commissioner of Police in a police-commissionerate area) -- many advocates also recommend delivering a copy in person and obtaining a stamped acknowledgment as a practical safeguard, though the statute itself specifies post. If satisfied that the information discloses a cognizable offence, the SP/DCP must either investigate it directly or direct a subordinate officer to do so.
4. Apply to a Magistrate if the SP/DCP route does not resolve it
BNSS s.175(3) empowers a Magistrate to direct the police to register and investigate a cognizable offence that has not been registered. The application must be supported by a copy of the earlier BNSS s.173(4) application and an affidavit confirming it; the Supreme Court has held (Om Prakash Ambadkar v. State of Maharashtra, 2025 INSC 139) that exhausting the s.173(4) route first is a mandatory precondition, and that the Magistrate must also hear the concerned police officer before ordering an investigation.
5. Alternatively, file a private complaint directly with a Magistrate
Under BNSS ss.210/223 (replacing CrPC ss.190/200), a complainant may approach a Magistrate directly with a complaint. The Magistrate examines the complainant and any witnesses on oath, and -- after giving the accused an opportunity to be heard, a safeguard newly added under BNSS s.223 -- decides whether to take cognizance of the offence.
6. Consider a complaint to the Police Complaints Authority or State Human Rights Commission for serious or repeated inaction
Most States have a Police Complaints Authority (set up either by statute or executive order) that examines allegations including refusal to register an FIR; a State Human Rights Commission, or the National Human Rights Commission for more serious matters, can also examine police inaction as a human rights concern.
7. Keep a written record of every attempt
Dates, the name or details of the officer approached, and copies of any written complaints sent are useful at every stage of this escalation, particularly before a Magistrate.
National Human Rights Commission -- online complaint portal: https://hrcnet.nic.in/HRCNet/public/webcomplaint.aspx
Helpline: 14433 (NHRC toll-free helpline)
Handled by: Superintendent of Police/DCP (BNSS s.173(4)) -> Magistrate (BNSS s.175(3) or private complaint under ss.210/223) -> Police Complaints Authority / Human Rights Commission
Who can use this: Anyone who has approached the police to report a cognizable offence and had the FIR refused, indefinitely delayed, or the complaint turned away without registration.
This does not cover: This does not decide whether a particular incident actually amounts to a cognizable offence in the first place -- that determination still depends on the facts as described. It also does not cover the opposite situation, where a person believes a false or fabricated FIR has been registered against them, which is a separate and distinct situation.
Cost: Free (no fee for the SP/DCP escalation; a private complaint before a Magistrate may involve standard court filing formalities)
You'll need:- The date(s) and police station(s) where the complaint was made
- Details of the underlying offence being reported
- The name, rank, or description of the officer(s) who declined to register the FIR, if known
- Copies of any written complaint already submitted
- Any acknowledgment, receipt, or diary number given at the station, if any was given
Documents that help:- A written copy of the original complaint
- Postal receipts or acknowledgment slips, if sent by registered post
- Any correspondence or written response from the police station
- Identity proof of the complainant
- Any medical, documentary, or other evidence relevant to the underlying offence
What happens after: Once escalated, the Superintendent of Police (or DCP) reviews the complaint and either investigates it directly or assigns it to another officer; if that does not resolve the matter, a Magistrate can be approached either to direct police investigation or to take up the matter as a private complaint and decide whether to issue process.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
Written complaint to the Superintendent of Police or DCP
Office of the Superintendent of Police / Deputy Commissioner of Police
BNSS s.173(4) allows an aggrieved person to send the substance of their complaint in writing to the SP/DCP, who must investigate or direct investigation if satisfied a cognizable offence is disclosed.
Application to a Magistrate to direct police investigation
Magistrate's court
BNSS s.175(3) allows an application to a Magistrate, supported by the BNSS s.173(4) complaint and an affidavit, to direct the police to register and investigate a cognizable offence.
Private complaint directly before a Magistrate
Magistrate's court
BNSS ss.210/223 allow a complainant to bypass police registration entirely and place the matter directly before a Magistrate, who examines the complainant and witnesses and decides on cognizance.
Complaint to the Police Complaints Authority
State Police Complaints Authority
Most States maintain a Police Complaints Authority empowered to examine allegations of refusal to register an FIR and other police misconduct.
Complaint to the State or National Human Rights Commission
State Human Rights Commission / National Human Rights Commission
A serious or repeated failure to register an FIR can be raised as a human rights concern before the relevant Human Rights Commission.
Is it true that police must always register an FIR if I report a crime?
Yes, where the information discloses a cognizable offence -- the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, held that registration of an FIR is mandatory in such cases and leaves no discretion or scope for delay to the police.
What if the police say they need to 'verify' before registering an FIR?
A limited preliminary inquiry is permitted only where it is not already clear whether a cognizable offence is disclosed; once such an inquiry shows that it is, the FIR must then be registered without further delay.
Who do I approach first if a police station refuses to register my FIR?
The Superintendent of Police or Deputy Commissioner of Police, in writing, under BNSS s.173(4), before approaching a Magistrate.
Do I have to go to the Superintendent of Police before going to a Magistrate?
Yes. The Supreme Court has clarified that exhausting the BNSS s.173(4) route to the Superintendent of Police is a mandatory precondition before an application can be made to a Magistrate under BNSS s.175(3).
What changed under BNSS s.175(3) compared to the old CrPC s.156(3)?
Unlike the earlier provision, BNSS s.175(3) requires the Magistrate to consider the police officer's own submissions, and to have first seen the complainant's BNSS s.173(4) application and affidavit, before ordering an investigation.
Can I go straight to a Magistrate with a private complaint instead of escalating to the police first?
Yes, a private complaint under BNSS ss.210/223 is a separate route where the Magistrate examines the complainant directly and decides on cognizance, rather than directing the police to investigate -- though the accused must now be given an opportunity to be heard before cognizance is taken, under the proviso to BNSS s.223(1).
Is there a time limit for filing an FIR after an incident?
There is no general fixed time limit for lodging an FIR itself, though an unexplained long delay may be examined as part of the case when it later goes to trial.
What is a Police Complaints Authority?
It is a body set up by many States (through a Police Act or executive order) to examine allegations against police conduct, including refusal to register an FIR, improper investigation, and similar misconduct.
Can the National Human Rights Commission help with a refusal to register an FIR?
The NHRC and State Human Rights Commissions can examine complaints of police inaction as a human rights matter, particularly where it involves a serious or repeated failure to act.
Does approaching the Superintendent of Police cost anything?
No, sending a written complaint to the SP or DCP under BNSS s.173(4) does not involve any fee.
What proof do I need that the police actually refused my complaint?
Any written record helps -- a copy of the complaint submitted, a postal receipt if sent by registered post, or a note of the date, time, and officer spoken to if it was refused verbally.
Governing law: Bharatiya Nagarik Suraksha Sanhita, 2023
Source: BNSS, 2023, ss.173(4), 175(3), 210, 223; Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1; Om Prakash Ambadkar v. State of Maharashtra, 2025 INSC 139.
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.