What to Do If Police Refuse to Register Your FIR: An Illustrative Scenario

To make the general position concrete, here is an illustrative, hypothetical situation (not a real case) that raises this question.

The illustrative scenario

The question

The question most people in this position want answered is:

How the general rule applies

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.

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

What often gets missed in situations like this

• Only complaining informally or by phone — the law expects a written complaint to the SP as the first escalation step.
• Applying to the Magistrate without an affidavit, which BNSS s.175(3) now requires.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see What to Do If Police Refuse to Register Your FIR, FIR Registration and Zero FIR: How It Works, and Preliminary Enquiry Before an FIR: When Police Can Hold One.

If you are weighing a decision on this, a short consultation can help map out the options.

This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.