Police won't register my FIR — what are my options?
If the police refuse to register your FIR for a cognizable offence, you can send your complaint in writing to the Superintendent of Police, and if still ignored, file a complaint before the Magistrate under Section 175(3) BNSS (earlier 156(3) CrPC).
Anyone whose complaint about a cognizable offence (theft, assault, fraud, threats) is refused at the police station.
A situation like yours
Rahul's two-wheeler was stolen, but the station house officer kept telling him to "come back tomorrow." Instead of arguing, he sent his written complaint by registered post to the Superintendent of Police and kept the receipt.
When there was still no FIR, he filed an application before the local Magistrate. The court directed the police to register and investigate.
Representative example based on common cases — not a specific individual.
How to resolve it
- 1
Insist on registration for a cognizable offence
Station House Officer (SHO)In person / by postAllow ~1 daysFor a cognizable offence, the police are legally bound to register an FIR. Give your complaint in writing and ask for a free copy of the FIR — that is your right. If the officer refuses, don't argue; move to the next step and keep your written complaint.
- 2
Write to the Superintendent of Police
Superintendent of Police (SP/DCP)In person / by postAllow ~7 daysSend your complaint to the SP / DCP by registered post or email, stating the police station refused to register it. Keep the postal receipt or email proof. The SP can order registration or investigate themselves.
- 3
File a complaint before the Magistrate
Judicial MagistrateFile an appealAllow ~15 daysIf the SP also does nothing, file an application before the jurisdictional Magistrate under Section 175(3) BNSS, 2023 (earlier Section 156(3) CrPC). The Magistrate can direct the police to register the FIR and investigate. A local lawyer or legal-aid clinic can help draft it.
- 4
Use RTI to track and apply pressure
PIO (State Police)File an RTIAllow ~30 daysAI RTI DraftFile an RTI with the police asking what action was taken on your written complaint and FIR request. Police are public authorities and the paper trail often speeds things up.
Your legal rights
Section 173, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (earlier Section 154 CrPC)
For a cognizable offence the police MUST register an FIR; refusing is itself a violation. You are entitled to a free copy of the FIR.
Source: India Code (Government of India) ↗Sections 173(4) and 175(3), BNSS, 2023 (earlier 154(3) and 156(3) CrPC)
If the police refuse, you can approach the SP in writing, and if still ignored, ask a Magistrate to order registration and investigation.
Source: India Code (Government of India) ↗Tools that help
Common questions
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