Criminal Defense, Arrest & Bail

What to Do If Police Refuse to Register Your FIR: Frequently Asked Questions

By Mishpat Legal Consultants

Updated

Common questions on what to do if police refuse to register your fir, explained in plain terms, under Indian law.

Before the frequently asked questions

Under BNSS s.173(4), if the police refuse to register an FIR, the aggrieved person may send the substance of the information in writing, by post, to the Superintendent of Police.

If this does not lead to registration, the next step is an application to the jurisdictional Magistrate for a direction to register the FIR, which under BNSS s.175(3) must be supported by an affidavit.

Frequently asked questions

What is my first step if a police station refuses to register my complaint?

Send the substance of your complaint in writing, by post, to the Superintendent of Police, as provided under BNSS s.173(4).

What if the SP also does not act?

You can apply to the jurisdictional Magistrate for a direction to register the FIR. BNSS s.175(3) requires this application to be supported by an affidavit.

For a fuller explanation, see FIR Registration and Zero FIR: How It Works and Preliminary Enquiry Before an FIR: When Police Can Hold One.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.

This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.

FAQ

Common questions

What is my first step if a police station refuses to register my complaint?

Send the substance of your complaint in writing, by post, to the Superintendent of Police, as provided under BNSS s.173(4).

What if the SP also does not act?

You can apply to the jurisdictional Magistrate for a direction to register the FIR. BNSS s.175(3) requires this application to be supported by an affidavit.

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