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What happens if someone refuses to file my FIR?

What happens if someone refuses to file my FIR?

21-Jun-2026

Criminal

Answer By law4u team

If police refuse to file your FIR in India, it is against legal procedure because registering FIR for a cognizable offence is mandatory. Legal position: Under the Bharatiya Nagarik Suraksha Sanhita, police must register FIR when information discloses a cognizable offence. What you can do if FIR is refused: Submit written complaint to SHO (Station House Officer) Keep a copy and obtain acknowledgment Approach senior police officers Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) Send complaint by post or email to police headquarters File complaint before Magistrate Magistrate can order police to register FIR and investigate File complaint online (if cyber or related matter) Legal remedies: You can file a private complaint before Magistrate under criminal procedure law You can also seek direction from High Court in serious cases Important Supreme Court principle: In Lalita Kumari v. Government of Uttar Pradesh, the Court held: FIR is mandatory if cognizable offence is disclosed Preliminary inquiry is allowed only in limited cases If FIR is still not registered: Complaint can be escalated to State Police Complaint Authority or Human Rights Commission High Court writ petition is also available in serious violations Conclusion: Police cannot legally refuse FIR for a cognizable offence. If they do, higher authorities and courts can compel registration.

Answer By Ayantika Mondal

Dear Client, If a police station refuses to register your first Information report that is FIR for a cognizable offense you have a detailed hierarchy under the law to ensure that your complaint is recorded. Your first step should be to send a written complaint detailing the incident and officer’s refusal via registered post to the Superintendent of Police or the Deputy Commissioner of Police of that jurisdiction. This is legally mandated to investigate the refusal and if satisfied with your complaint can either direct the local station to register the FIR or initiate an investigation themselves. If the senior police officer also fails to act then you can approach the judicial magistrate under Section 175 of Bharatiya Nagarak Suraksha Sahita. You must file a formal application requesting the magistrate to exercise their power to direct the police to register the FIR and investigate the matter The magistrate upon verifying that the complaint is with regard to a cognizable offense can issue a binding order to the police station to register the case. It is essential to keep a detail documentation of your attempts to report the crime. This includes copies of initial complaint submitted to the local station, the acknowledgement receipt and any correspondence with the authorities. These documents serve as a critical evidence when you approach the magistrate demonstrating that you followed the due process of law mentioned in the procedural code. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Answer By Naincy Kesharwani

police refuse to register an FIR, Indian law provides several remedies: Approach the Superintendent of Police (SP) You can submit the complaint in writing to the SP or Commissioner of Police. If satisfied that a cognizable offence is disclosed, the SP can direct registration of an FIR. Approach the Magistrate Under the criminal procedure law, you can file an application before the jurisdictional Magistrate seeking directions to the police to register and investigate the case. Keep proof of your complaint Preserve copies of written complaints, emails, acknowledgements, postal receipts, screenshots, etc.