What to do when the police refuse to register an FIR

FIR provision

Section 173, BNSS 2023 (earlier Section 154, CrPC)

First remedy

Written complaint to the Superintendent of Police

Second remedy

Application to the Magistrate, Section 175(3)

Zero FIR

Any police station must record it, whatever its jurisdiction

Is the police bound to register an FIR?

Yes, where the information discloses a cognizable offence. The Supreme Court settled this in Lalita Kumari v. Government of Uttar Pradesh (2014). Section 173(3) of the BNSS now allows a preliminary enquiry of up to fourteen days, with the permission of an officer of the rank of Deputy Superintendent, for offences punishable with three years or more but less than seven years.

What is a Zero FIR and an e-FIR?

Section 173(1) requires a police station to record information about a cognizable offence irrespective of the area where the offence was committed. The FIR is then transferred to the station with jurisdiction. Information can also be given by electronic communication, in which case the informant must sign it within three days for it to be taken on record. The informant is entitled to a free copy of the FIR.

What are the steps after a refusal?

1. Write to the Superintendent of Police under Section 173(4), setting out the facts and the refusal. Send it by post or email and keep proof of delivery.
2. Apply to the Magistrate under Section 175(3) if no action follows. The application must be supported by an affidavit, and the Magistrate may call for the police officer's response before ordering an investigation.
3. File a private complaint under Section 223 as an alternative. The Magistrate examines the complainant and witnesses and may take cognizance directly.

What should the written complaint contain?

• Date, time and place of the incident.
• Names and descriptions of the persons involved, where known.
• What happened, in the order it happened, without legal conclusions.
• Documents, messages, photographs and names of witnesses.
• The date and station where registration was refused, and the officer's name if known.

This guide states the general legal position in India as on 14 November 2026. It is not legal advice. Time limits and outcomes depend on the facts and on later amendments and judgments. See the disclaimer, and read more on the firm's Criminal Law practice.